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HomeMy WebLinkAbout1987 - Abandonment of Paper Streets First Presbyterian Church of Sebastians / CITY OF SEBASTIAN, FLORIDA APPLICATION FOR VACATION OF EASEMENT(S) (This request shall not_be accepted unless completed in full.) (N4E:_ FIRST pRRSRVT.R TAN CHURCH OF SRRLRTIAN TELEPHONE NUMBER: 3D5_SHq-5259 TYPE OF ENTITY:* Non-profit Corp. * Indivudual, corporation, etc. LEGAL, DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (See copy attached) (Attach description on attachment if necessary) i TYPE OF EASEMENT: Subdivision Streets APPROXIMATE SIZE OF EASEMENT: 2,000 feet in length; Residential Street in width. SHOW THE EASEMENT CLEARLY ON DRAWING. (1) PURPOSE FOR REQUEST TO VACATE: Total site to be used for building purposes (Explain in detail your need to release this easement). I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. o Cent 1 Flori a Presbytery, Inc. DATE: S'gned:(title, if an ). Rev. Donald Swope, First Presbyterian Church of Sebastian Attach hereto the following: ( x) 1. Map, plat, survey, or clear drawing at least 8�" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. (x) 2. Complete legal description of the parcel of land on which (N/A) the easement exists if the full description cannot be placed on the lines provided above for the description. ( ) 3. Written authorization of the owner of the parcel of land on (N/A) which the easement exists .if the applicant if not the owner. k�( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE (N/A) '['HE EASEMENT THAT IS TO BE VACA'T'ED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. (x) 5. Attach a check or money order payable to "The City of Sebastiar upon submittal. of this appli.cati.on to the Office of the Ci y -,O CLerk. This Application fee is not refundabLe. The Fee is c S (x) G. OTIIEIt:_ CL92y_of WaSr.an_ty Deed sahnving legal description and survey dated 10/28/86 Receival PyOffice of the City Clerk on the %5 day of �the PRESBYTERIAN CHURCH of SEBASTIAN Dr. Donald E. Swope P.O. Box 1689 Sebastian, FL 32958 Phone: 589-5656 The First presbyterian Church of Sebas Pastor, Dr. Donald E. Swope City of Sebastian City Clerk's Office P. O. Box 127 Sebastian, Florida 32958 Re: Easements on First Presbyterian Church Property On behalf of the Central Florida Presbytery, Inc. we hereby request the Sebastian City council to abandon the street easements on the following described property: Southern part of Government Lot I described as "Hudson Addition" (see legal descri- ption attached) Thank you for your cooperation. Rev. Donald Swope 10, First Pres. Church of Sebastian Post Office Box 1689 Sebastian, Florida 32958 (305)589-5656 I WARRANTY DEED FROM INDIVIDUAL 70 CORPORATION 4i�ib�i" 4 'his S W W.,DeedA, Warranty Made the P -X 110 day of Apri 1 JOSEPH A. FEDELE, as Trustee, and individually. hereinafter culled the grantor, to psc IR -3898 A. D. ig 85 by CENTRAL FLORIDA PRESBYTERY, INC., a Corporation, Not for Profit a corporation existing under lite lotus of the State of Florida with its permanent postoffice address at 1221 Lee Road Orlando., Florida 32810 hereinafter called the grantee: (%Vhcrcver used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) 'W'' itflCSSdh*- That the grantor, for and in consideration of the sum of S 10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain land situate in Indian River County, Florida, viz: Beginning at the SW corner of Lot 1, Section 6, Township 31 South, Range 39 East, run North along West line of said Lot 1, 463 1/2 feet; thence run East 522 feet, more or less, to right of way of Florida East Coast Railway; thence Southerly along said right of way 520 feet, more or less, to South line of said Lot 1; thence West along said South line of Lot 1, 773 feet, more or less, to point of beginning. EXCEPT the North 80 feet of the above described property, and LESS AND EXCEPT that part of the above described property conveyed to City of Sebastian, Florida, by Quit Claim Deed recorded in Official Record Book 619, page 2245, Public Records of Indian River County, Florida. The herein—stated grantor hereby states that the above described property is not his homestead and that he does not reside on the above described property nor on any property which is adjacent nor contiguous thereto. Together with all lite tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To Have and to 'Hold, ilia same in fee simple forever. And lite grantor hereby covertants with said grantee that lite grantor is lawfully seized Of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said L -and; that the grantor hereby fully warrants lite title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 84. SUBJECT TO: 1. Restrictions, reservations, limitations and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. 2. Zoning ordinances affecting said property. 1051 In Ultness Whereof, lite said grantor has hereunto set My hand and seal the clay and year A a ove written. Pigne4 scaled and a er d in ou presence: -a W ........ ...... ... ........ ............. .................. ..J .. .... . ....... a a � It -.o and individually ....... >14 A ................ ... ..... . .......... ................................................................................ STAXE OF FLORIDA, COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly autt.urized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared JOSEPH A. FEDELE, as Trustee , and individually to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me &..tt he executed the same. WllESS my hand and official seal in the County and State last aforesaid this day of April A. D. 19 85. C a6- r ... u c ...... ......... ...................................... T My commissicn ex-pires: THIS INSTRUMENT P"PAAW n CL DoXtlLT 2Q.i&j4pffyjpprqar,,d by: VICMFfifftENT Indian River Title Cotporation 505 Beachland Blvd.. Suite 6 Vero Butch, Flor& 210DENT TO A TITLE INSURANCE TRANSACTIO* . hk ithirrAlItH BUd Nlade the day of Apri I A. D. 198 5 by JOSEPH A. FEDELE, as Trustee* and individually. hereinafter (*filled the grantor. to WITRAL FLORIDA PRESBYTERY, INC., a Corporation, Not for Profit (I corporation existing under the laws of ilia State of Florida with its permanent postoffice address at 1221 Lee Road Orlando, Florida 32810 hereinafter called file grantee: (Whrre-,er used herein the teim-6 **grantor" and "granite" include all tlir parties to this instrument and the heits. leftal representatives, and assigns of indii-iduah., and the successors and assigns' of corporations) 711 WitfiCSSdh*# That the grantor. for and in consideration of the sum of S 10.00 and other valuable aliens, re - valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, mises, releases. conveys and confirms unto the grantee, all that certain land situate in Indian River County. Florida. viz: Beginning at the SW corner of Lot 1, Section 6, Township 31 South, Range 39 East, run North along West line of said Lot 1, 463 1/2 feet; thence run East 522 feet, more or less, to right of way of Florida East Coast Railway; thence Southerly along said right of way 520 feet, more or less, to South line of said Lot 1; thence West along said South line of Lot 1, 773 feet, more or less, to point of beginning. A 1, A #_ A LESS EXCEPT the North 80 feet. OL the above 1__ 0 9- LproperU F&WF& Is an AND EXCEPT that part of the above described property conveyed to City of Sebastian, Florida, by Quit Claim Deed recorded in Official Record Book 619, page 2245, Public Records of Indian River County, Florida. The herein—stated grantor hereby states that the above described property is not his homestead and that he does not reside on the above described property nor on any property which is adjacent nor contiguous thereto. 1ogether with all lite tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To 1.4ave and to 'Hold, ilia same in fee simple forever. And lite grantor hereby coveriants with said grantee that like grantor is lawfully seized of said land in fee simple; that the grantor leas good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to L)ecember 31. 19 84. SUBJECT TO: 1. Restrictions, reservations, limitations and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. 2. Zoning ordinances affecting said property. W, hereof, rfof. lite said grantor has hereunto set MY hand and seal the day and year n Witness "" A a ove written. ;igne scaled and a f ter d in ou presence: 4 ...:s. .... .. ... ........ .................. .. . ... ...... . .......... h" 6 tee, and individually ................................................................................ S*I*A*I*E OF FLORID.A. COUNTY 01: INDIAN RIVER . I I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared JOSEPH A. FEDELE, as Trustee p and individually to lite known to be the person described in and who executed the foregoing instrument and he acknowledged before me that he executed the satur. WITNESS lily hand and official seal in the County and State last aforesaid this day of his e, April A. D. ig 85. . ... ............. .......... ........... U, ...... ............ No ry u My commission expires: THIS INSMUMM;r PREPAWZd n DOZ� kvrw&e#nPn;vart Y: V I C Ftihil.0 E -N Indian River Title Cospofarton $05 Beachland Blvd.. 'Suite 6 Veto Beach. Plot& IWADENT TO A TITLE INSURANCE TRANSACTIO* 00 G 4L �t1' «�- , p•f7�'• !�" f, to ��c v *A l� •�ti •s ° t 4M r' 0 7 fel) . 11 Y• Oti G ti y •S9 OS 91 Zi 10 �t R`AV � , M 6E � a > S � � , KB '. bpm �, , t . -4% i. '\ •�'2 „� ., o..o � �o• ,� Eft Z � � � . -/ • �.t o � ~ •N'J a 'fd ' 4 yam, ett ► .o`� L 01 oo w . ,;c� _ ' ,� • SY. rr oa yet 0 -fid ��' 0 � ! MOW )k Ole ww 03V Z ,t�•gG %•a. 70.16 ` ":_ -oOtAO0 49 s JA 1 ti •o? �, d, �, p �►�-, �• `! • '',,. / ` J �•. '► �„ moi. - -i ,�. C 0-16 J •� : ,� .. /.� � ,,..•• :ice' �' 00 lot, 00 O 00 0 0 c, • 000 ?, �' •� .. fop p % *04 UIV �z 9va �+t� � Z fit► . S$ a .0• 0 00 It 000 Smoot . s•w ,fy'1 ,• 1rir.� � f N� �Zoq Q�9 001.0 FLE MING GRANT SECTION 30J . A 282". � ct 203. 3' TRACT C ro / TRACT D �: Cs -SED W / 00 �a w CD Z1 C1 v �G G OV, LOT 2 Q, 7. 4 • 8,28 SCHOOL GROUNDS AL TRACT B ` 00 0� cX• I.O� o 4 °f50" 42.9• �- N w w w �• � w�' N� w n 4 i =6i 5 4 3 2 6 4 3 2 1 a 4; O 'i \ - V 44 / . r VA.:ATL0 Sc O P Oma• J � r�i', TR. Dg ! io ORD o -e- -15 .r—s 0 _ H _ S lBDI -N w 3 ;1 7 8 9 10 II 12 .4 8 9 �Q 11 12 C TR.E cosg� C�,� �/�� �- ,. C Q 50 Y N Y w Y _J N Y Y N 5a 42.9 Sao' �� _ `� " os Pel 2-29 PALMETTO AVE. +��' �O! 170 1 71 1 ^ o PIC' of 12.t tii oo30 505 BEACHLAND BLVD., SUITE 6 P.O. BOX 6116 May 26, 1985 Central Florida Presbytery, Inc. 1221 Lee Road Orlando, FL. 32810 RE: IR113898 Land in 6-31-39 Dear Ladies/Gentlemen: 305-231-3303 'MAY 3 0 RECD VERO BEACH, FLORIDA 32961 In connection with the above mentioned property, enclosed you will find the following: (X) Title Insurance Policy it 10 0889 01 001486 in the amount of $150,000.00. (X) Warranty Deed dated 4/22/85 , and recorded in Official Record Book 0707 , Page 2788, Public Records of Indian River County, Florida. COPY (X) Note and Mortgage dated 4/30/85 and recorded in Official Record Book 0707 , Page 2790 Public Records of Indian River County, Florida. ( ) Other: Thank you for the privilege of handling this transaction for you. If we can be of any further assistance, please contact this office. Sincerely, INDIAN RIVER TITLE CORPORATION KIMBERLY L. SHIPL ESCROW TECHNICIAN it .A. 6 — I 4 - AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 (Amended 10-17-70) 10 0889 01 001486 i :�' j CHICAGO TITLE INSURANCE COMPANY IRS." SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may a become obligated to pay hereunder, sustained or incurred by the insured by reason of: I Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or Hen or encumbrance on such title; or 3. Lack of a right of access to and from the land. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY By: Issued by: INDIAN RIVER TITLE CORPORATION 505 Beachland Blvd. P.O. Box 6116 .J Vero Beach, Florida 32960J, U.#14 President. (305) 231-3303 fa ATTEST: L at Secretary. IMPORTANT This policy necessarily relates solely to the title as of the date of the policy. in order that a purchaser of the real estate described herein may be Insured against defects, liens or encumbrances, this policy in , should be reissued In the name of such purchaser. ID r 71:3_ ; EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or . governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or othcr matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage..to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. Ih OFFICE FILE NUMBER SCHEDULE A IR#3898 , POLICY NUMBER DATE OF POLICY I AMOUNT OF INSURANCE 10 0889 01 001486 May 1, 1985 at 12:41 P.M. I $150,000.00 I. Name of Insured: CENTRAL FLORIDA PRESBYTERY, INC., by virtue of Warranty Deed dated April 22, 1985 and filed May 1, 1985 in Official Records Book 0707, Page 2788, Public Records of Indian River County, Florida. 2. The estate or interest in the land described herein and which is covered by this policy is: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed. and assignments: Mortgage executed by CENTRAL FLORIDA PRESBYTERY, INC., to SUSAN WILMOTH, AL MAZZARELLA and GENE WILMOTH, as Tenants in Common, as to an undivided 1/3 interest each, dated April 30, 1985 and filed May 1, 1985 in Official Records Book 0707, Page 2790, of the Public Records of Indian River County, Florida; securing the sum of $100,00.0.00. and the mortgages or trust deeds. if any. shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: Beginning at the SW corner of Lot 1, Section 6, Township 31 South, Range 39 East, run North along West line of said Lot 1, 463 1/2 feet; thence run East 522 feet, more or less, to right of way of Florida East Coast Railway; thence Southerly along said right of way 520 feet, more or less, to South line of said Lot 1; thence West along said South line of Lot 1, 773 feet, more or less, to point of beginning. EXCEPT the North 80 feet of the above described property, and LESS AND EXCEPT that part of the above described property conveyed to City of Sebastian, Florida, by Quit Claim Deed recorded in Official Record Book 619, page 2245, Public Records of Indian River County, Florida. Policy Number 10 0889 01 001486 SCHEDULE B This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements not shown by the public records. (4) Any lien. or right to a lien, for services, labor, or material heretofore or hereafter furnished. imposed by law and not shown by the public records. (5) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A., if this schedule is attached to an Owner's Policy. (6) Taxes and assessments for the year 1985 due and payable. Countersigned t //�/iii[ / Autho�Sign;ttory and subsequent years. Which are not yet Note: If this schedule is attached to a Loan Policy, junior and subordinate matters, if any. are not reflected herein. CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the --named insured, those who succeed to the interest of ouch insured -by --operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage here- under. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. Z. Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions—Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encum- brance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which the Com- pany may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, how- ever, that failure to notify shall in no case prejudice the rights of any such.insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in- its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by' the Com- pany, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- ceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Loss—Ltmltation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. S. Options to Pay or Otherwise Settle Claims The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, iri addition'to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there- from, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. S. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be trade without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed CONDITIONS AND STIPULATIONS (Continued on Reverse Side) CONDITIONS AND STIPULATIONS (Continued) a payment under this policy. The Company shall have the option to `apply to the payment of any such mortgages any amount that other- wise woul•' be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single. site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Dale of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Com- paay, such insured claimant shall transfer to the Company all rights and temcdies against any person or property neceshary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 19. Llablllty tbnited to This Policy This instrument together with all endorsements and other instru- ments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Notices, Where Sem All notices required to be given the Company, and any statement in writ- ing required to be furnisbed the Company shall be addressed to it at the issu- ing office or to Chicago Title Insurance Company, Claims Department, I I1 West Washington Street, Chicago, Illinois 60602. g; r 1' O> a Z I' p �1 z C 0 O ;. o z n kA F's ti C) �-j t.,• t"n a ? City q f Sebastia ll L. Gene Harris POST OFFICE BOX 127 0 SEBASTIAN, FLORIDA 32958-0127 Deborah C. Krages Mayor TELEPHONE (305) 589-5330 City Clerk April 24, 1986 Dr. Donald E. Swope Presbyterian Church of Sebastian Post Office Box 1689 Sebastian, Florida 32958 Dear Dr. S-., ape: Pursuant to our conversation, yesterday, in my office, re- questing information on the requirements to vacate a platted subdivision. Attached, please find copies of Florida Statutes 177.085. Platted Streets; reversionary clauses and 177.101. Vacation and annulment of plats subdividing land. I have prepared a brief outline of the requirements necessary to vacate the portion of Hudson Addition Sundivision and they are as follows: 1. Proof of fee simple title of the land covered by the plat sought to be vacated. 2. Proof of publication by applicant with the advertise- ment appearing not less than two weekly issues of a a newspaper of general circulation in the county. 3. Certificates showing that State, county and municipal taxes have been paid. It would be most helpful for our staff to receive a letter of intention, requesting the abandonment and specifying the ease- ments and platted roads that you desire vacated, along with a copy of a recent survey. Once this information has been re- ceived by my office, copies will be forwarded for staff review and recommendation and those comments forwarded to council for direction and disposition. Should the City Council direct the City Attorney to prepare a Resolution to vacate that portion of the subdivision it will be placed on the following City Council agenda for action. Please e a . Dr. Donald E. Swope April 24, 1986 page 2 be advised that there will be a minor charge for the re- cording of the Resolution in the office of the Clerk of the Circuit Court of Indian River County. The fee will be approximately $10.00. Should you have any questions or require any assistance or additional information please do not hesitate to con- tact me. d attachments (as noted) CC: Attorney Palmer Mayor Harris file Very truly yours, Deborah C. Krages City Clerk LAND BOUNDARIES Yds being platted. Where such corners are in an mac- cessible place, 'P-R.M.s' shall be set on a nearby offset within the boundary of the plat and such offset shall be so noted on the plat. Where corners are found to coin dde with a previously set 'P.R.M.; the number on the previously set 'P.R.M' shall be shown on the new plat or. it unnumbered, shall so stale. Permanent reference monuments shall be set before the recording of the plat and this will be so stated in the surveyor's certificate on the plat Such'P.R.M.' shall be shown on the plat by an ppropriale designation. (II) 'P.C.P.s' shall be set at the intersection of the cenledine of the right-of-way at the intersection of all streets, at *P C.s,' "P.T.s,"P.R.C.s' and'P.0 C s' and no more than 1,000 feet apart, on tangent, between changes of direction, or along the street righl-of-way or dock lines at each change in direction and no more than 1,000 feet apart. Such "P.C.P s' shall be shown on the plat by an appropriate designation. In those counties or municipalities that do not require subdivision improve- ments and do not accept bonds or escrow accounts to construct improvements, 'P.C.P.s' may be set prior to the recording of the plat and shall be set within 1 year of the date the plat was recorded and shall be referred to in the surveyor's certificate In the counties or munici- palities that require subdivision improvements and have the means of insuring the construction of said improve- ments, such as bonding requirements,'P.C.P.s" shall be set prior to the expiration of the bond or other surety It is the land surveyor's responsibility to furnish the clerk or recording officer of the county or municipality his cer- INkate that the'P.C.P.s' have been set and the dates the'P.C.P.s' were set. (9) Each plat shall show the section, township, and range as applicable, or, if in a land grant, the plat will so state (10) The name of the city, town, village, county, and state in which the land being platted is situated shall ap. pear under the name of the plat as applicable. (11) Each plat shell show a description of the lands subdivided, and the description shell be the same in the title certification. The description must be so complete that from it, without reference to the plat, the starting point and boundary can be determined (12) The dedications and approvals required by as. 177 071 and 177 OB 1. (13) The circuit court clerk's certificate and the land surveyor's certificate and seal (14) All section lines and quarter section lines occur- ring in the map or plat shall be indicated by lines drawn upon the map or plat, with appropriate words and fig- ures. If the description is by metes and bounds, the point of beginning shall be indicated, together with ail bearings and distances of the boundary lines, If the plat. led lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. The initial point in the description shell be lied to the nearest government corner or other recorded and well established corner. (15) Location, width, and names of all streets, water- ways, or other rights-of-way shall be shown, as applica- ble Ch. 177 (16) Location and width of easements shall be shown on the plat or in the notes or legend, and their in- tended use shall be clearly stated. (17) All contiguous properties shall be identified by subdivision title, plat book, and page, or, if unplatted, land shall be so designated. II the subdivision platted is a resubdivision of a part or the whole of a previously rec- orded subdivision, sufficient lies shall be shown to con- trolling lines appearing on the earlier plat to permit an overlay to be made; the fact of its being a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat. (III) All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered in each block, and the blocks progressively numbered or let. tered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout the several additions. (19) Block corner radii dimensions shall be shown. (20) Sufficient survey data shall be shown to post. lively describe the bounds of every lot, block, street easement, and all other areas shown on the plat. When any lot or portion of the subdivision is bounded by an ir. regular line, the major portion of that lot or subdivision shall be enclosed by a witness line showing complete data, with distances along all lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as 'more or less; if variable. Lot, block, street, and all other dimensions ex- cept to irregular boundaries, shall be shown to a mini- mum of hundredths of feet All measurements shall refer to horizontal plane and in accordance with the definition of a foot or meter adopted by the United States Bureau of Standards (21) Curvilinear lots shall show the radii, are dis- tances, and central angles or radii, chord, and chord bearing, or both Radial lines will be so designated. Di- rection of nonracial lines shall be indicated. (22) Suffm•.rent angles, bearings, or azimuth to show direction of all lines shall be shown, and all bearings, an- gles, or azimuth shall be shown to the nearest second of are (23) The cenlerknes of all streets shall be shown with distances, angles, bearings or azimuth, "P.C.s; 'P T.s,' "P.R C.s ;'P C.C.s,' arc distance, central angles, tangents, radii, chord, and chord bearing or azimuth, or bolh. (24) Park and recreation parcels as applicable shall be so designated (25) All interior excepted parcels shall be clearly in- dicated and labeled 'Not a part of this plat' (26) The purpose of all areas dedicated must be clearly indicated or stated on the plat. (27) When it is not possible to show curve detail in- formation on the map, a tabular form may be used. Warory.-. r.c WM. mise n333 177.101 Vacation and annulment of plata subddvld- Ing land.— (1) Whenever it is discovered, after the plat hes been recorded in the public records, that the developer has previously caused the lands embraced in the sec- ond plat to be diflerently subdivided under and by virtue Ch. 177 LAND BOUNDARIES_ of another plat of the same identical lands, and the first plat was also filed of public record at an earlier date, and no conveyances of lots by reference to the first plat so filed appears of record in such courtly, the governing body of the county is authorized and directed to and shall, by resolution, vacate and annul the first plat of such lands appearing of record upon trio application of the developer of such lands under the first plat or upon application of the owners of all the lots shown and desig- nated upon the second and subsequent plat of such lands, and the circuit court clerk of the county shall thereupon make proper notation of the annulment of such plat upon the lace of such annulled plat. (2) Whenever it Is discovered that alter the filing of a plat subdividing a parcel of land located in the county, the developer of the lands therein and thereby subdivid- ed did cause such lands embraced in said plat, or a part thereof, to be again and subsequently differently subdi- vided under another plat of the sanio and Identical lands or a part thoreol, which said second plat was also filed at a latus date, and it is lunihor made to appear to Ilia governing body of the county that trio filing and record- ing of the second plat would not materially affect Ilia right of convenient access to lots previously conveyed under the first plat, the governing body of the county is authorized by resolution to vacate and annul so much of the first plat of such lands appearing of record as are included in the second plat, upon application of the own- ers and developer of such lands under the first plat or their successors, grantees, or assignees, and the circuit court clerk of the county shall thereupon make proper notation of Ilia action of the governing body upon the face of the first plat. (3) The governing bodies of the counties of the stale may adopt resolutions vacating plats In whole or In part of subdivisions in said counties, returning the property covered by such plats either in whole of in part into acre- age. Before such resolution of vacating any plat either in whole or in part shall be entered by the governing body of a county, it must by shown trial the persons making application for said vacation own the fee simple title 10 the whole or that pail of Ilia tract covered by the plat sought to be vacated, and it must be further shown that the vacation by the governing body of the county will not affect the ownership or right of convenient ac- cess of persons owning other parts of the subdivision. (4) Persons making application for vacations of plats either In whole or in part shall give notice of their inten- tion to apply to the governing body of the county to va- cate said plat by publishing legal notice in a newspaper of general circulation In the county ut which thu tract of parcel of land is located, in not less than two weekly is sues of said papur, and must attach to the petition for vacation the proof of such publication, together with cer- hficales showing that all stale and county taxes have been paid Fon the purpose of the tax collector's certifi- cation that state, county, and municipal taxes have been pard, the taxes shall be deemed to have been paid if, In addition to any partial payment under s. 194.171, the owner of the plaited lands sought to be vacated shall post a cash bond, approved by the tax collector of the county where the land is located and by the Department of Revenue, conditioned to pay the full amount of any F.S. 1 H5 judgment entered pursuant to s. 194.192 adverse to the person making partial payment, including all costs, Inter- esi, and penalties. The circuit court shell fix the amount of said bond by order, after considering the reasonable time frame for such litigation and all other relevant fec- lots, and a certified copy of such approval, order, and cash bond shall be attached to the application. If such tract or parcel of land is within the corporate limits of any Incorporated city or town, the governing body of the county shall be furnished with a certified copy of a reso- lution of the town council or city commission, as the case may be, showing that It has already by suitable resolu- tion vacated such plat or subdivision or such part there- at sought to be vacated. (5) Every such resolution by the governing body shall have the effect of vacating all streets and alleys which have not become highways necessary for use by the traveling public. Such vacation shall not become of. fuctive until a certified copy of such resolution has been tiled u1 the offices of the circuit court clerk and duly rec- orded in trio public records of said county. (6) All resolutions vacating plats by the governing body of a county prior to September 1, 1971 are hereby validated, ratified, and confirmed. Such resolutions shall have the same effect as it the plat had been vacated at - far September 1, 1971. Ili Wy.—• 1,M 71339.6 1, an. 7066 177.111 Instructions for filing plat.—Alter the ap- proval by the appropriate governing body required by a. 177.071, the plat shall be recorded by the circuit court clerk or other recording officer upon submission thereto of such approved plat. The circuit court clerk at other to - cording officer shall maintain in his office a book of the propel size for such papers so that they shall not be fold. ed, to be kept in the vault A print or photographic copy on cloth shall be filed in a similar took and kept in his office lot the use of the public. The clerk shall make available to the public a full size copy of the record plat at a reasonable fee. rrblm@.—Y I. a 7133D. a. 1.0 76110. 177.121 Misdemeanor to molest monument or de- face or destroy map or plat—It is a misdemeanor of the second degree, punishable as provided in a. 775.082 or s. 775.083, for any person to molest any monuments es- tablished according to this chapter or to deface or de. stray any map or plat placed on public record Me"r r IA, 0 71 177.131 Recordation of the Department of Trans- portation official right-of-way maps and other govem- mental right-of-way maps.— (1) The circuit court clerk of a county shall record in the public land records of the county any map prepared and adopted by the Department of Transportation or any other governmental entity as its official right-of-way neap after the same has been approved by the appropri- ate governmental authority. The clerk shall use special plat looks provided by the appropriate governmental authority for such maps, which shall be kept with other plat books. The clerk shall make available to the public a lull size copy of the right-of-way maps at a reasonable fee. 912 1956 F.S. 1996 LAND BOUNDARIES (2) Sections 177.011-177.121 of this chapter are not applicable to this section. Upon request of the clerk, the Department of Transportation shall furnish without charge a reproducible copy of its right-of-way maps. mueWv —s. I. r 71379 177.132 Preservation of unrecorded maps.— (1) The clerk of the circuit court of a county may re- ceive and copy, as unrecorded maps, otherwise unre- corded plats and maps, including sates maps, which de- scribe or illustrate the boundaries and subdivision of parcels of land, but which do not necessarily indicate proper metes and bounds or otherwise comply with the recording requirements of this chapter. The receipt and copying of such documents shall not affect or impair the title to the property in any manner, nor shall it be con- strued as actual or constructive notice, but shall be for informational purposes only and shall not be referred to for the purpose of conveying property or for circumvent- ing the lawful regulation and control of subdividing lands by local governing bodies. The clerk may maintain a sep- arate book or other filing process provided by the county for this purpose. The clerk shall make reproductions of these copies available to the public at a reasonable fee. (2) Sections 177.021.177.121 of this chapter shall not apply to this section. Ni",. s 2. ch 70.110 177.141 Affidavit confirming offer on a recorded plat.—In the event an appreciable error or omission 1n the data shown on any plat duly recorded under the pro- visions of this chapter is detected by subsequent exami- nation or revealed by a retracement of the lines run dur- ing the original survey of the lands shown on such rec- orded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omis- sion was made. However, the affidavit must slate that he has made a resurvey of the subject property in the recorded subdivision within the last 10 days and that no evidence existed on the ground that would conflict with the corrections as slated in the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate correction that in his opin- ion should be substituted for the erroneous data shown on such plat or added to the data on such plat When such an affidavit is filed, it is the duty of the circuit court clerk to record such affidavit, and he shall place in the margin of such recorded plat a notation that the affidavit has been filed, the dale of filing, and the book and page where it is recorded. The affidavit shall have no effect upon the validity of the plat or on the information shown thereon. rbbry.—s 1, ch 71.319: s. 7. lx, 92179. 177.161 State plans coordinate.— (1) Coordinates may be used to define or designate the position of points on the surface of the earth within the state for land descriptions and subdivision pur- poses, provided the initial point in the description shall be tied to the nearest government corner or other rec- orded and well established corner. The plane coordi- nates of a point on the earth's surface, to be used in ex. pressing the position or location of such point in the ap- Ch. 177 A propriate projection and zone system, shall consist of two distances, expressed in feet and decimals of a foot. One distance, to be known as the 'x-coordinate,' shall give the position in an east and west direction; the other, to be known as the'ey-coordinate; shall give the position in a north and south direction. These coordinates shall be made to depend upon and conform to the origins and projections on the Florida Coordinate System and the tri- angulation and traverse stations of the National Ocean Survey within the state, as those origins and projections have been determined by the said survey. When any tract of land to be defined by a single description ex. tends from one into the other of the above projections or zones, the positions of all points on its boundary may be referred to either of the zones or projections, with the zone and projection being used specifically named in the description. (2) The position of points on the Florida Coordinate System shall be as marked on the ground by triangula- tion or traverse stations established in conformity with standards adopted by the National Ocean Survey for first -order and second -order work, the geodetic posi- tions of which have been rigidly adjusted on the North American Datum of 1927, and the coordinates of which have been computed on the system herein defined. Any such station may be.used for establishing a survey con- nection with the Florida Coordinate System. (3) No coordinates based on the Florida Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land records or deed records unless such point is within one-half mile of a triangulation or traverse sta- tion established in conformity with the standards de- scribed in s. 177.031(19). However, the said one-half mile limitation may be waived when coordinates shown are certified as having been established In accordance with National Ocean Survey requirements and proce- dures for first -order or second -order work by a surveyor licensed in the stale. This certification of order -of - accuracy must be included in the description of the land Involved. (4) The use of the term 'Florida Coordinate System' on any map, report of survey, or other document shall be limited to coordinates based on the Florida Coordi- nate System as defined in this chapter. (5) Whenever coordinates based on the Florida Co- ordinate System are used to describe a tract of land which in the same document is also described by refer- ence to any subdivision, line, or corner of the United Slates Public Land Survey, the description by coordi- nates shall be construed as supplemental to the basic description of such subdivision, tine, or corner contained in the official plats and field notes of record, and, in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States Public Land Survey shall prevail over the description by coordi- nates. (6) Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description any part of which depends exclusively upon the Florida Co- ordinate System. -seri.—. I. c 7136. The First Presbyterian Church of Sebas Pastor, Dr. Donald E. Swope City of Sebastian City Clerk's office P. 0. Box 127 Sebastian, Florida 32958 Re: Easements on First Presbyterian Church Property On behalf of the Central Florida Presbytery, Inc. we hereby request the Sebastian City council to abandon the street easements on the following described property: Southern part of Government Lot 1 described as "Hudson Addition" (see legal descri- ption attached) Thank you for your cooperation. Der�w Rev. Donald First Pres. Post Office Box 1689 Sebastian, Florida 32958 (305) 589-5656 Swope Church of Sebastian CITY OF SEBASTIAN, FLORIDA APPLICATION FOR VACATION OF EASEMENT(S) (This request shall not be accepted unless completed in full.) NAME: FIRST PRF,9BYTERTAN CHT RCH OF SRRARmT&P ADDRESS: -P. 0. ox 16894 Sehastian . F1 nri ria 147Ur,R TELEPHONE NUMBER: -30-589-52c;2 TYPE OF ENTITY:* Non-profit Corp. * Indivudual, corporation, etc. LEGAL DESCRIPTION OF [ZEAL PROPERTY ON WHICH EASEMENT EXISTS: (See copy attached) (Attach description on attachment if. necessary) TYPE OF EASEMENT: Subdivision Streets S APPROXIMATE SIZE OF EASEMENT: 21000 feet in length; Residential Street :in width. SHOW THE EASEMENT CLEARLY ON DRAWING. (1 ) PURPOSE FOR REQUEST TO VACA'T'E: Total site to be used for building purposes • (Explain in detail your need to release this easement). I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. VSgg4ned:( l Flori a Presbytery, Inc. DATE: 3 �� t le , if an)0 . Rev. Donald Swope, First Presbyterian Church of Sebastian At tac[1 hereto the following: ( x) 1. Map, plat, survey, or clear drawing at least 8�" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. ( x) 2. Complete legal. description of the parcel of land on which (N/A) the easement exists if the full description cannot be planed on the lines provided above for the description. _ ( ) 3. Written author i_ai-it ion of the owner of the parcel of land on (N/A) which the easement exists if the applicant if not the owner. ( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE (N/A) `I`HE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. ( x) 5. Attach a check or money order payable to "`Phe City of Sebastian upon sub►nittal of this appl.i.cat i.on to the Office of the Ci,.by_ Clerk. This Application fee is not refundable. The Fee i (x ) 6. O`1HER:,__Copy of Wa,rr.d=y Deed a lAgal _description and survey dated 10/28/86 r the Off ice of the Cir Clerk on the �da of Re _ e .L v d y Y _ Y _� 13Y.2 l M E M O CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION 1225 MAIN STREET SEBASTIAN, FLORIDA PHONE: 589-5330 April 3, 1987 TO: Mayor and City Council STAN KRULIKOWSKI, CHAIRMAN FROM: Linda Kinchen Secretary to Planning and Zoning RE: Abandonment of paper streets - Hudson Addition At their regular meeting held April 2, 1987, the Planning and zoning commission made the following motion. Mr. Thompson made a motion to recommend to the City Council that the abandonment of the paper streets called Arkansas, Ring and Hudson within the Hudson Addition These streets bisecting lots B -C -D -E be approved providing the church work with the utilities to provide alternate easements around the perimeter of the property. Seconded by Mr. Wadsworth, Passed Unanimously. Should you have any questions, please feel free to contact me. The First Presbyterian Church of Sebastian :Tt Pastor, Dr. Donald E. Swope J6 6 31 March 1987 City Clerk City of Sebastian Sebastian, Florida RE: HUDSON ADDITION "PAPER STREET" ABANDONMENT Pursuant to your request and the letter dated 19 March 87 to Mr. Stan Krulikowski from Randy L. Mosby, P.E., (copy attached), we enclose the boundary survey with the requested "paper street" abandonment delineated in yellow. Also, we point out that we have been advised by the City Engineering Department in two separate meetings that our " subject request does not jeopardize the City's future roadway plans. Access to the property west of ours is still maintained by Edwards Street (running east -west along the northern boundary of our site) and by Cross Street (running north -south along the western edge of our site. Both Edwards Street and Cross Street are still "paper streets" themselves. We believe all necessary legal documents referred to in Mr. Mosby's letter have been submitted by us and are in your hands for the appropriate review by the City Attorney. Thank you for your prompt consideration to our request. We look forward to your approval so we may proceed further with our plans to build our new church on the site. Sincerely, Dr. Donald E. Swope, Minister THE FIRST PRESBYTERIAN CHURCH OF SEBASTIAN Fust Office Box 1689 Sebastian, Florida 32958 (805) 589- MOSBY AND ASSOCIATES, INC. CONSULTING ENGINVERS March 19, 1987 Mr. Stan Krulikowski Chairman Planning and Zoning Commission City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Hudson Addition "Paper -Street" Abandonment Sebastian, Florida Engineer's Project No. 87-147 Dear Mr. Krulikowski: 1995 39TH AVENUE. SUITE D P.O. BOX 6368 VERO BEACH, FLORIDA 32961 305.569-0035 As requested, we have reviewed the request for the "Paper -Street" abandonment for the subject project. We have the following comments regarding the proposed abandonment: 1. The existing "Paper Street" to be abandonment shall be shown on the boundary survey. 2. The City Engineering Department must assure that if the streets are abandoned the lost of the platted right-of-way does not jeopardize the City's future roadway plans. 3. All legal documents must be reviewed and approved by the City Attorney. Should you require further information, please call. VgnILMZosby, urs R P.E. RLM:bes cc z CITY OF SEBASTIAN, FLORIDA A APPLICATION FOR VACATION OF EASEMENT(S) (This request shall not be accepted unless ScRIP o leted in full.) -.— W, &T- WT U, ADDRESS: P, 0, Box 1684s Sebastj n PlAri a 7101;n TELEPIfONE NUMBER: 305 -';AQ -r%20 . TYPE OF ENTITY:* Non-profit Corp. * Indivudual, corporation, etc. LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (See copy attached) (Attach description on attachment if necessary) TYPE OF EASEMENT: Subdivision Streets APPROXIMATE SIZE OF EASEMENT: 2,000 feet in length; Residential Street in width. S11OW THE CKASEMEN111 CLEARLY ON DRAWING. (1) PURPOSE FOR REQUEST TO VACATE: Total site to be used for building purposes (Explain in detail your need to release this easement)* I HEREBY CERTIFY that I. the Applicant, own the real property on 0 which the easement I request to vacate exists, or I am authorized to preseLnt " this request to vacate by the owner of the real property. o Cent I Flori a Presbytery, Inc. DATE: S fined: "ed itle, if an Rev. Donald Swope, First Prepbyterian Church of Sebastian Attach hereto the following: (X) 1. Map, plat, survey, or clear drawing at least 8 41 x ll* showing the parcel of land on which the: easement exists, with parcel(s) of land adjaCeIlL to the caseettent requeuted to be vacated. X) 2. Ctmrplate legal description of the parcel of land on which (N/A) the easestient uxists if tile full description cannot be placed on the lines provided above for the description. ( ) 3. Written authori-2.ution of the owner of the parcel of land on (N/A) which the easemunt exists if the applicant if not the owner. ( ) 4. IF IT IS NECESSARY IrO GRANT BACK ANOTHER EASEMENT TO REPLACE (N/A) THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACcompI.Isil 11tiE DEODICATIONOr THE NEW EASEMENT. (X) 5. Attach a check or money order payable to *The City of Sebast lar upon SUbmitLal. of this applicati.on to the office of the Ci Y�00 i lik- � Clark. This AppliCaLi011 fee is not refundable. The Fee s9 (x) 6. OTHR. ItAnly Deed-ah-owina 1pa I SLQ.py-- L2aj= '� - _'W_ description and survey dated 10/28/86 Reca.tv-ew Py t Off ice ut ttle City Clerk on the %3*rday ofV&4t fly: Q USN Cd� x u u � Cd s�-1 to WARRANTY 01110 t ROM INDIVIDUAL TO CORPORATION 4-1.4101 0 .l M 34 ps C . � I R- 3898 - This Warranty Deed Made the 7;- p day of Apri l JOSEPH A. FEDELE, as Trustee, and individually. hereinafter called lite grantor, to A. D. 1985 by CENTRAL FLORIDA PRESBYTERY, INC., a Corporation, Not for Profit a corporation existinct under lie laivs of the State of Florida . with its permanent postofTice address at 1221 Lee Road Orlando, Florida 32810 • hereinafter called the grantee: Mhrretier used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) •Wj itnesseth: That lite grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged. hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto lite grantee, all that certain land situate in Indian River County. Florida, viz: Beginning at the SW corner of Lot 1, Section b, Township 31 South, Range 39 East, run North along West line of said Lot 1, 463 1%2 feet; thence run East 522 feet, more or less, to right of way of Florida East Coast Railway; thence Southerly along said right of way 520 feet, more or less, to South line of said Lot 1; thence West along said South line of Lot 1, 773 feet, more or less, to point of beginning. EXCEPT the North 80 feet of the above described property, and -LESS AND EXCEPT that part of the above described property conveyed to City of Sebastian, Florida, by Quit Claim Deed recorded in Official Record Book 619, page 2245, Public Records of Indian River County, Florida. The herein—stated grantor hereby states that the above described property is not his homestead and that he does not reside on the above described property nor on any property which is adjacent nor contiguous thereto. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To lliaue and to '1totd, lite some in fee simple forever. 1111d lite grantor hereby cotenants with said grantee dint lite grantor is lawfully seized of said land in fee simple.: that the grantor has good rigltt and lawful authority to sell and convey said renal; that the grantor hereby fully warrants lite title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 84. SUBJECT TO: 1. Restrictions, reservations, limitations and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. 2. Zoning ordinances affecting said property. ]n fitness Whereof, cite said grantor has hereunto set My hand and seal the day and year A a ova written. 1' Pigne4sealed and e i er in 'ou presence: .. ... ..J hall �'�' 'te ..... '�� .:-...... .�.................. ... ......... and. individually....................................... STATE OF FLORIDA, COUNTY OF INDIAN RIVER f ; I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in. the County aforesaid to take acknowledgments, personally appeared JOSEPH A. FEDELE, as Trustee . and individually to me known to be the person described in and who executed the foregoing instrument and he acknowledged before me o.at he executed the sante. WITNESS my hand and official seal in the County and State last aforesaid this � �,t"� day of April A. D. 19 85. q6" ry u j �'c .... .......... --..,r-%:` .......................... .,4t1y�,1t� q My commission expires: IS THwsnu1C1wr I'RBPAuw vi s,'Ol�fl�iOI�,�1 xy tppryarul by: ', Indian River Title CotporatWn $OS Beachland Blvd.. Sutte 6 Veto Beach, lltsrdii WGOENT TO A TITLE INSURANCE TMNSACTIM; tt t— C a JOSEPH A. FEDELE, its Trustee, and individually. 0liereinaf ter milled flat, grantor, to CENTRAL -FLORIDA PRESBYTERY, INC., a Corporation, Not for Profit �+ a c'onwrotiun existittil utuler the l:,ttrs of tine State of Florida postofTice �» Willi its permanent acldwss cit 1221 Lee Road Orlando, Florida 32810 . hereinafter called ilia grunfee: t Wirret-er used herein the to no •'gsantar" and "stranite'" include all list parties to this instrument and ahs: bats. 1eKa) representati.cs and a»rr(ns of sndiaduals, and the successors and aarsas of corporations) Y r RMSCU1: That Ilia grantor, for and in consideration of the sura of S 10.00 and other valtuable considwatiutis, receipt whereof is hereby acltnowladged, hereby grants, bargains, sells, aliens, re- mises. rtleases, conveys and confirms unto the grantee, all that certain land situate in Indian River County. Florida. viz: Beginning at the SW corner of Lot 1, Section b, Township 31 South, Range 39 East, run North along West line of said Lot 1, 463 1/2 feet; thence run East 522 feet, more or less, to right of way of Florida East Coast Railway; thence Southerly along said right of way 520 feet, more or less, to South line of said Lot 1; thence West along said South line of Lot 1, 773 feat, more or less, to point of beginning. EXCEPT the North 80 feet of the above described property, and LESS AND EXCEPT that part of the above described property conveyed to City of Sebastian, Florida, by Quit Claim Deed recorded in Official Record Book 619, page 22459 Public Records of Indian River County, Florida. The herein -stated grantor hereby states that the 'above described property is not his homestead and that he does not reside on the above described property nor on any property which is adjacent nor contiguous thereto. ;O 1 ' .fto9e�iter Willi all lite tenements. he=rediiaments and appurtenances thereto belonging or in any - 0 Ch CO N i wise appertaining. cr'y To Rave and fo Motd, lie same its fee simple forever. And flat, ffranlor hereby covettartls wish said 41rartkoe haat the cgrantor is lawfully seized of said land Cd in foo Simple. that the ftrantur latis flood right anti lawful atethorily to sell and convey said Wrid: that lite grantor hereby fully warrants the title to Said land and will defend the some against the la&vlul claims of Cd O all persons whomsoever: Gild that said land is free of all encumbrances. except taxes accruing subsequent m """ M to lJorember 31. 19 84. SUBJECT TO: 1„'1 1. Restrictions, reservations, limitations and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. 2. Zoning ordinances affecting said property. Y t In 1rtness Whereof, lite said grantor has hereunto set My hand and seal the day and year KS01"24ove written. j [Signt-4 sealed and cc i per d in ou presence: .. �. .. . `.. ..... ................ .A ............. .. ......,., ...... J h" ede'1"e'; 'tee, and individually.........................I.............. STATE OF FLORIDA, j COUN'rY ol: INDIAN RIVER S 1 f1EREDY CERTIFY that on this day. before me, an officer duly authurised in the Stair aforesaid and its the County afon•said to take acknowledgments, personally appeared JOSEPH A. FEDELE, as Trustee , and individually to site known to be the person dcst•ribed its Ind who executed the foregoing instrument and he acknowledged before tur that he executrd the saine. WITNESS taty hand and official seal in the County and State last aforesaid this 1 '�� day of Apri 1 . A. D. 19 85. THIS INSTRUMENT PUPAitW rt rt cin al li DONi�t.� � �u��� � Y� , vtt.:MVtthiW ktic Indian River Tirte Corporation $05 Beochland titvd.. Susie 6 Vero Beach, Flat& tiiW MODBNT TO A TITLE INSURANCE TAANSACPIOI)I . , ...... ....... ....................................... No ry u c My commission expires: •l , P u�1 ✓ V i ;� { o.1.1*v &,* 01 4, • -► Y r99 { G • � ar .yl CJ 9► 9� 1►� �' oy o '' / 9� . ` %20 Z 81 " 1•• 133ti S floloo 9 L,3,,00Nps�. SpNt1aN .o o 1 ' i 1 •f �,. • 9 • • • r Z•s4• 9 L i r+► '� �� • = •fit = �, ,�..�• "'' � rot.;OE 016 Q�0 �z .► O - •it +9 V iy `& SI •si g 3�+►pp19 •oaµo33'46S , ` ',1..•- NOS 7---'K - 00. Noe ��Q tis '00 r..# �+? / s y z A 00 AS ! . i• �` 0 ° .'� ►� p •`• Vr + O� ' m tet' iif's is '�` O'� a v � �.•.„� + %�:• i p�G� N !► • _ � ' r /�'L +tS`� � Q J Cyt► •p. .ws �O i a' � :` .► � - ' ` 1 b -•r • � tet' ��' '�� y� ,os• ''T+'j'�S --'• gay o • o • . i ;ate • � .i. i "• •e, - I• r0 Z'i !b� . `r.. -t '�' . • 00 .0 :,►s .� w s IGA s . Iz Alt,; F7 The First PresbjrW Church of Seba- s -t- '_ a n Pastor, Dr. Donald R. Swope City of Sebastian City Clerk's Office CIA P. O. Box 127 Sebastian, Florida 32958 .Re: Easements on First Presbyterian Church Property I On behalf of the Central Florida Presbytery, Inc. we hereby request the Sebastian City council to abandon the street easements on the following described property: Southern part of Government Lot I described as "Hudson Addition" (see legal descri- ption attached) Thank you for your cooperation. �j I d Rev. Donald First Pres. Church of Sebastian Post Office Box 1689 Florida 32958 (305) "9-"" 505 BEACHLAND BLVD., SUITE 6 P.O. BOX 6116 May 26, 1985 Central Florida Presbytery, Inc. 122f Lee Road Orlando, FL. 32810 RE: IR#3898 Land in 6-31-39 Dear Ladies/Gentlemen: 'MAY 3 0 qCD VERO BEACH, FLORIDA 32961 1n connection with the above mentioned property, enclosed you will find the following: (X) Title Insurance Policy # 10 0889 01 001486 in the amount of $150,000.00. (x) Warranty Deed dated 4/22/85 , and recorded in Official Record Book 0707 , Page 2788, Public Records of Indian River County, Florida. COPY (x) Note and Mortgage dated 4/30/85 , and recorded in Official Record Book 0707 , Page 2790 Public Records of Indian River County, Florida. ( ) Other: Thank you for the privilege of handling this transaction for you. If we can be of any further assistance, please contact this office. Sincerely, ' INDIAN RIVER TITLE CORPORATION KIMBERLY MSHIPL ESCROW TECHNICIAN 6f :«tom :. »r.. ?s h����a% rra. _s�i. _.i�u�.�zflr«r �s �•`?tz gra. _- AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 (Amended 10-17-70) 10 0889 01 001486 CHICAGO TITLE INSURANCE COMPANY v . t, SUWECT TO THE EXCLUSIONS FROM COVERAGE, THE EX%.rr MONS CONTAINED IN S ! j SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, � CHICAGO TTTILE INSURANCE COMPANY, a Missouri corporation, herein called the Company, re insus, as of Date of Polio shown in Schedule A. against loss or damage, not exceeding the amount j-. of insurance stated in Schedule A, and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: cl j! 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated ' therein; 2. Any defect in or lien or encumbrance on such title; or F V, a 3. Lack of a right of access to and from the land.► In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. + , r •i +t i• ;j •r F2. p CHICAGO TITLE INSURANCE COMPANY ' r By: , Lill Issued by: •, INDIAN RIVER TITLE CORPORATION 505 Beachland Blvd. 1 KI P.O. Box 6116 «! Vero Beach, Florida 32460r� E*suit,,�'"4 � °i (305) 231-3303 �1`-• ••�'�, President. � ,. •i �,.ryglfOfltf �Q 15 ATTEST: .o 15.1 y• Secretary., IMPORTANT i ?bis policy oecessarlly relates solely to the tltk a: of the date of the polio. in order that a purcbawr ' ' of the real estate described herein may be humd ataiast defects, fiats or encumbrances, this policy should be reissued In the tune of such purchaser. :. p+ ,r' K`r '."'rya' _ „lr.•„ •;►r* �.,vr —�f. .'kjtr': .�.r :�� _. eye!" .,�„s. .F�.r .'hyrr :Ys" �'`r .+i' - 'wi_.. �~— — Yr— .�r� — sy.�r...,:+�Y.r....:1 ".� 1, OmCi ln�i112 IR#3898 l 1011[. NUY,11 10 0889 01 001486 SCHEDULE A DAit 01 104U May 1, 1985 at 12:41 P.M. 01 m)Ol Cl $150,000.00 I. Name of Insured: CENTRAL FLORIDA PRESBYTERY, INC., by virtue of Warranty Deed dated April 22, 1985 and filed May 1, 1985 in Official Records Book 0707, Page 2788, Public Records of Indian River County, Florida. of 2. The estate or interest in the land described herein and -which is covered by this policy is: Fee simple 3. The estate or interest referred to hgrein is at Date of Policy vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: Mortgage executed by CENTRAL FLORIDA PRESBYTERY, INC., to SUSAN WILMOTH, AL 14AZZARELLA and GENE WILMOTH, as Tenants in Common, as to an undivided 1/3 interest each, dated April 30, 1985 and filed May 1, 1985 in Official Records Book 0707, Page 2790, of the Public Records of Indian River County, Florida; securing the sum of $100,000.00. and the mortgages or trust deeds. if any. shoHn in Schedule B hereof. 5. The land referred to in this policy is described as follows: Beginning at the SW Range 39 East, run thence run East 522 East Coast Railway; feet, more or less, said South line of corner of Lot 1, Section 6, Township 31 South, Vorth along West line of said Lot 1, 463 1/2 feet; feet, more or less, to right of way of Florida thence Southerly along said right of way 520 to South line of said Lot 1; thence West along Lot 1, 773 feet, more or less, to point of beginning. EXCEPT the North 80 feet of the above described property, and LESS AND EXCEPT that part of the above described property conveyed to City of Sebpstian, Florida, by Quit Claim Deed recorded in Official Record Book 619, page 2245, Public Records of Indian River County, Florida. CONDITIONS AND STIPULATIONS t. definition of Torww The following terms when used in this policy mean: (a) -insured": the insured named in Schedule A. and, subject to any rights or defenses the Company may have had against the :roamed insured, those who succeed to the interest of bath inbared-by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees. survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage here- under. (c) "knowledge": actual knowledge. not constructive knowledge. or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond 16he lines of the area specifically described or referred to in Schedule A. nor any right, title, interest, estate or easement in abutting streets,' roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, bust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. Z. Continuation of insurance after Conveyance of this The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long jas such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. S. Defense and prosecution of Actions ---Notice of Claim to be given by an insured claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encum- brance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (ii) in cast knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured. and which might cause loss or damage for which the Com- pany may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, how- ever, that failure to notify shall in no case prejudice the rights of any such.insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in- its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option. the name of such insured for such purpose. Whenever requested by the Com- pany. such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- ceeding. and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Ross—Umhation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 34 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. S. Optlons to pay or Otherwise 5ettie Claims The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. b, Determination and payment of loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the ' insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition'to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) Whtn liability has been definitely fixed in accordance with the conditions of this policy, the loss ,or damage shall be payable within 30 days thereafter. T. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured. within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there- from, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. S. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be Made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. It. Lisbility Noneumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule H hereof which is a lien on the estate or interest covered by this policy. or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed CONDITIONS AND STIPULATIONS (Continued on Revers* Side) 5b -__b- t.. 04 U Sebastion L. Gene Harris POST OFFICE BOX 127 0 SEBASTIAN, FLORIDA 32958-0127 Deborah C. Kragen Mayor TELEPHONE (305) 589-5330 City Cterk April 24, 1986 .Dr. Donald E. Swope 'Presbyterian Church of Sebastian Post Office Box 1689 Sebastian, Florida 32958 Dear Dr. S-e.,ape : Pursuant to our conversation, yesterday, in my office, re- questing information on the requirements to vacate a platted subdivision. Attached, please find copies of Florida Statutes 177.085. Platted Streets; reversionary clauses and 177.101. Vacation and annulment of plats subdividing land. I have • prepared a brief outline of the requirements -necessary to vacate the portion of Hudson Addition Sundiv*ision and they are as follows: 1. Proof of fee simple title of the land covered by the plat sought to be vacated. 2. Proof of publication by applicant with the advertise- ment appearing not -less than two weekly issues of a a newspaper of general circulation in the county. 3. Certificates showing that State, county and municipal taxes have been paid. It would be most helpful for our staff to receive a letter of intention, requesting the abandonment and specifying the ease- ments and platted roads that you desire vacated, along with a copy of a recent survey. Once this information has been re- ceived by my office, copies will be forwarded for staff review and recommendation and those comments forwarded to council for direction and disposition. Should the City Council direct the City Attorney to prepare a Resolution to vacate that portion of the subdivision it will be placed on the following City Council agenda for action. Please Dr. Donald E. Swope April 24, 1986 page 2 be advised that there will be a minor charge for the re- cording of the Resolution in the office of the Clerk of the Circuit Court of Indian River County. The fee will be approximately $10.00. Should you have any questions or require any assistance or additional information please do not hesitate to con- tact me. Very truly yours, J Deborah C. Krages City Clerk d attachments (as noted) CC: Attorney Palmer Mayor Harris file :1 I i� PA. IOU LAND BOUNDARIES MOs being platted. Where such corners are in an inac- cessible place, *P R.M.s shall be set on a nearby offset within the boundary of the plat and such offset shall be 10 noted on the plat. Where corners are found to coin d0e with a previously set 'P.R.M.; the number on the previously, set 'P.R.M' shall be shown on the new plat a, of unnumbered, shall so slate. Permanent reference monuments shall be set before the recording of the plat and this will be sp.staled in the surveyor's certificate on the plat Such'P.R.M'shall be shown on the plat by an appropriate designation. (8) 'P.C.P.s' Shan be set at the intersection of the omtedine of the right-ol-way at the intersection of all streets, al'P Cs; 'P.T.s. 'P.R.C.s' end'P.0 C s' end no more than 1,000 feet apart, on tangent, between twinges of direction, or along the street righl-of-way or bock lines at each change in direction and no more than 1,000 lest apart. Such'P.C.P a' shall be shown on the plat by an appropriate designation. In those counties or rrxaxerpahties that do not requite subdivision improve - mems and do not accept bonds or escrow accounts to construct improvements, 'P.C.P.s' may be set prior to I% recording of the plat and shall be set within 1 year of the date the plat was recorded and shall be referred to in the surveyor's certificate In the counties or munici- patties that require subdivision improvements and have tie means of insuring the construction of said improve. mems, such as bonding requirements, 'P.C.P.s' shall be set prior to the expiration of the bond or other surely It is the land surveyor's responsibility to furnish the clerk or recording officer of the county or municipality his cer- Iticale that the'P.C.P.s' have been set and the dates ft P C.P.s were set. (9) Each plat shall show the section, township, and range as applicable, or, if in a land grant, the plat will so elate (10) The name of the city, town, village, county, and state in which the land being platted is situated shall ap. pear under the name of the plat as applicable. (1I) Each plat shall show a description of the lands subdivided, and the description shall be the same in the elle certification The description must be so complete that from it, without reference to the plat, the starting pont and boundary can be determined (12) The dedications and approvals required by as. 177 071 and 177 001. (13) The circuit court clerk's certificate and the land etxveyor's certificate and seal. (14) All section lines and quarter section lines occur - mg in the map or plat shall be indicated by lines drawn upon the map or plat, with approprrale words and fig- ures II the description is by males and bounds, the pant of beginning shall he indicated, together with all bearings and distances of the boundary lines If the plat led lands are in a land grant of are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. the initial point in the description shall be load to the nearest government corner or other recorded and well salabllahed corner. (15) Location, width, and names of all streets, water. ways. or other tights of way shall be shown, to applica- ble Ch. 177 (161 Location and width of easements shall be shown on the plat or in the roles or legend, and their in- tended use shall be clearly staled. (17) All contiguous properties shall be identified by subdivision title, plat book, and page, or, it unplalled. land shall be so designated. II the subdivision platted is a resubdivision of a part or the whole of a previously rec- orded subdivision, sufficient ties shall be shown to con- trolling lines appearing on the earlier plat to permit an overlay 10 be made; the fact of its being a resubdivision shall be slated as a subtitle following the name of the subdivision wherever it appears on the plat. (18) All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered in each block, and the blocks progressively numbered or let tered. except that blocks in numbered additions bearing the same name may be numbered consecutively throughout the several additions. (19) Block corner radii dimensions shall be shown (20) Sufficient survey data shall be shown to posh tively describe the bounds of every lot, dock, street easement, and all other areas shown on the plat When any lot or portion of the subdivision is bounded by an ir- regular line, the major portion of that lot or subdivision shall be enclosed by a wilness line showing complete data, with distances along all lines extended beyond the enclosure to the irregular boundary shown with as much certainly as can be determined or as 'more or less; if variable. Lot, block, street, and all other dimensions ex- cept to irregular boundaries, shall be shown to a mini- mum of hundredths of feel All measurements shall refer to horizontal plane and in accordance with the definition of a tool or meter adopted by the United Stales Bureau of Standards (21) Curvilinear lots shall show the radii, arc dis- tances, and central angles or radio, chord, and chord bearing, or both Radial fines will be so designated. Di. rection of rronradial lines shall be indicated (22) Sultxaent angles, bearings, or azimuth to show direction of all lines shall be shown, and all bearings, an- gles, or azimulh shall be shown to the nattiest second of arc (23) The centerlines of all streets shell be shown with distances, angles, bearings or azimuth, 'P.C.s; 'P T s. 'P.R Cs; P C.C.s,' arc distance, central angles, tangents, radii, chord, and chord bearing or azimuth, or bot (24) Park wort recreation parcels as applicable shall be so designated (25) All interior excepted parcels shall be clearly in- dicated and labeled Wot a part of this pial' (26) The piapose of all areas dedicated must be clearly indicated or slated on trio plat. (27) When it is not possible to show curve delail in- formation on the map, a labeler loom may be used. iMry.-. t, m Tome. • at. m 71330 177.101 Yaoallon and ann[rknent of plate subdivid- ing I"-- (1) Whenever it is discovered, eller the plat has been recorded in the public records, [hat the developer has previously caused the lands embraced in the sec- ond plat to be ddlarenlly subdivided under and by virtue v Ch. 177 LAND BOUNDARIES_ of anomer plat of the same identical lands, and the first plat was also fried of public record at an earlier dale, and no conveyances of lots by reference to ins first plat SO tiled appears of record in such county, the governing body of thio county is authorized and directed to and shall, by tesclution, vacate and annul the first plat of such lands appearing of record upon the application of the developer of such lands utdar the fist plat Or upon application of the owners of all the lots shown and tleslg- naled upon the second and Subsequent plat of such lands, and the circuit court clerk of the county shall thereupon make proper nolahen of the annulment of such plat upon Iiia face of such annulled plat. (2) Whenever it is discovered that after the filing of a plat subdividing a parcel of lend located ut ilia county, the developer of the lards therein and thereby subdivid. ed di) cause such lands embraced in said plat, or a part thereof, to be again and subsequently diltaientfy subdr vlded under another plat of the saruw and denhedl lands or a pail thureol, which saki second pldl was also bind at a tater Jule, and it 1s hathai made to appear lir Ilia ouveining body Of the county that the filing and ieeord- i1g of thio second plat would rel malenally alleel the tight of convenient access to lots previously conveyed under the fir sl plat, the governing body of the county is authorized by resulutlon to vacate and annul so much of the fust plat of such lands appearing of record as are ocfuded in the second plat, upon application of the own. ets aid developer of such lands under the first plat or their successors, grantees, or assignees, and the circuit court clerk of the county stall ineieupon make proper notation of the action of the governing body upon the face of the first plat. (3) The governing bodies of the counties of the stela may adopt resufutions vacating plata in whole or in per of subdivisions in said counties, retuning the properly covered by such plats either in whole or in part into acne age. Before such resolution of vacating any plat either in whole or in part shall be entered by the governing body of a county, it must by shown that the persons making application let said vacation own the Ide simple title to the whets or trial part of Iiia Irect covered by the plat sought lir be vacated, and it must be further shown that the vacation by the governing body of the county will not affect the ownership or tight of convenient ac. cess of persons owning other parts of the subdivision. (4) Persons making applicalwrn for vacations of pats either in whole or in part shall give notice of their inten. tion) to apply to the governing body or the county to va• cele said pal by publishing legal rletk:e In a newspaper of general circulation in the courtly in which Ino Iract a parcel of lard is located, in not less thein two weekly IS sues of said paper, and must attach to the petition lie vacation the proof of such publication, together with Get. lihcales showing Irak all state and county taxes have been pad For the purpose of the lax collector's ceridr cation that state, county, and municipal taxes have been pad, the taxes shall be deemed to have been pad it. in addition to any partial payment under s. 194 171, the owner of the plated lads sought to be vacated shall post a cash bond, approved by Ina tax collector of the county where the lard is located and by the [)apartment Of Revenue, conditioned to pay Uw lull amount of any F.S. 1986 lodgment entered pursuant to s. 194 192 adverse to the person making partial payment, including all costs, inter Lsl, and penalties. The circuit court shall fix the amount of said bond by order, after considering the reasonable lime home for such litigation and all other relevant fac. turn, and a certified copy of such approval, order, and cash bond shall be attached to the application. It such Iract of parcel of land is within the corporate limits of any incorporated city or town, the governing body of the county shall be furnished with a certified copy of a ratio- Iution of the town council or city commission, as the case may be, showing that it has already by suitable resolu- Iwn vacated such plat or subdivision or ouch pail there. of sought to be vacated. (5) Every such resolution by the governing body shall have the effect of vacating all streets and alleys which have not become highways necessary for use by Ilia travelmo public. Such vacation shall not become at lactrve until a certified copy of such resolution has boon filed it the offices of the circuit court dark and duly res ordud in trio public records of said county. (fir) As mtiolutione vacating plate by the governing body of a county prior to September 1, 1971 are hereby validated. ratified, and confirmed. Such resolutions shall have the same effect art It the plat had been vacated at. lar September 1, 1971. a*". -r 1. a 71331. 9 tai. 71146 177.111 Insuuctlons for filing plat—Atter the ap- proval by the appropriate governing body required by s. 177.071, the plat shall be recorded by the circuit court Clark or other recording officer upon submission thereto of such approved plat. The circuit court clank or other ra- coiding olfrc or shoe maintain in his office a book of the proper Size lot Such papers so that they shall riot be hold - ad. to be kept in the vaull A print or photographic copy on cloth shall be tiled in a similar book and kept in his office lot the use of the public. The clerk shall make available to the public a lull size copy of the record plat at a reasonable tee. MW".-, 1.a 711e.r 1,0 76110, 177.121 Misdemeanor to molest monument or de- face or destroy map or plat—It is a misdemeanor of the second degree, punishaule as provided in s. 775.082 or s 775 083, lot any person to molest any monuments as. lablished according to this chapter or to deface or do. slioy any map or &I paced on public record. IMry., %A.a 71 177.131 Recordation of IM Department of Trans- portation official right-of-way maps and other govern' mental right-of-way maps.— (1) The circuit court Clerk of a county shall record in the public and records of the county any map prepared and adopted by the Department of Transportation or any other governmental entity as its official tight -of -way map alter the same has been approved by the apptopri ate governmental authority The clerk Shall use special pat books provided by the appropriate governmental authiohly lot such maps, which smell be kept with other plat books. The clerk shall make available to the public a lull size copy of the right -off -way maps M s reasonable lea. 912 196E F.E. 1965 LAND BOUNDARIES Ch. 177 the tiler )unl able lac - and uch any the ISO. ase ulu- eie ody eys by of sen rec ring oby hall I at ap- "s .url "Mo to. the hld rPy tits ike dal lit- he or is- te s- n - (2) Sections 177.011.177.121 of this chapter are not applicable to this section. Upon request of the clerk, the Department of Transportation shall furnish without charge a reproducible copy of its right-of-way maps. WA".—.. t. rn 1176 177.132 Preservation of unrecorded maps.— (1) -=The clerk of the circuit court of a county may re- ceive and copy, as unrecorded maps, otherwise unre. corded plats and maps, including sales maps, which do scribe or illustrate the boundaries and subdivision of parcels of land, but which do not necessarily indicate proper metes and bounds or otherwise comply with the recording requirements of this diepler. The receipt and copying of such documents shall not affect or impair the title to the property in any manner, nor shall it be con- strued as actual or constructive notice, but shall be fa informational purposes only and shell not be referred to lot the purpose of conveying property or for circumvent- ing the lawful regulation and control of subdividing lands by local governing bodies The clerk may maintain a sep- arate book or other filing process provided by the county for this purpose. The clerk shall make reproductions of these copies available to the public at a reasonable fee. (2) Sections 177.021.177.121 of this chapter shall not apply to this section. demi.—. 2 rn 76110 177.141 AMdavlt confirming error on a recorded plat—In the event an appreciable error or omission in the data shown on any plat duty recorded under the pro- visions of this chapter is delecled by subsequent exami- nation or revealed by a retracement of the lines run dur- ing the original survey of the lands shown on such rec- orded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omis- sion was made However, the affidavit must stale that he has made a resurvey of the subject property in the recorded subdivision within the last 10 days and that no evidence existed on the ground that would conflict with the corrections as stated in the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate correction that in his optn- lon should be substituted for the erroneous data shown on such plat gr added to the data on such plat When such an alldavit is filed, it is the duly of the circuit court clerk to record such affidavit, and he shall place in the margin of such recorded plat a notation that the affidavit has been filed, the date of filing, and the book and page where it is recorded. The affidavit shelf have no effect upon the validity of the plat or on the information shown thereon. MsWy, 1.0 71'96,. Lm aT%ry 177.151 State pone coordinate.— (1) Coordinates may be used to define or designate the position of points on the surface of the earth within the slate for land descriptions and subdivision pur- poses, provided the initial pant in the description shall be tied to the nearest government corner a other rec- orded and well established caner. The plane coordr flares of a pant on the earth's surface, to be used in ex pressing the position or location of such pant in (he ap propriale projection and zone system, shall consist of two distances, expressed in feet and decimals of a loot. One distance, to be known as the'x-coordinate; shall give the position in an east and west direction, the other, to be known as the'y-cooidinate; shall give the position in a north and south direction. These coordinates shall be made to depend upon and conform to the origins and projections on the Florida Coordinate System and the tri- angulation and traverse stations of the National Ocean Survey within the state, as those origins and projections have been determined by the said survey When any tract of land to be defined by a single description ex- tends from one into the other of the above projections or zones, the positions of all points on its boundary may be referred to either of the zones or projections, with the zone and projection being used specifically named in the description. (2) The position of points on the Florida Coordinate System shall be as marked on the ground by triangula- tion or traverse stations established in conformity with standards adopted by the National Ocean Survey for f fst-order and second -order work, the geodetic post - lions of which have been rigidly adjusted on the North American Datum of 1927, and the coordinates of which have been computed on the system herein defined Any such station may be used for establishing a survey con- nection with the Florida Coordinate System. (3) No coordinates based on the Florida Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land records or deed records unless such point is within one-half mile of a triangulation or traverse sta- tion established in conformity with the standards de- scribed in s, 177.031(19). However, the said one-half mile limitation may be waived when coordinates shown ate certified as having been established In accordance with National Ocoan Survey requirements and proce- dures for first-ordor or second -order work by a surveyor licensed in the state. This certification of order -of - accuracy must be included in the description of the land Involved. (4) The use of the term 'Florida Coordinate System' on any map, report of survey, or other document shall be limited to coordinates based on the Florida Coordi- nate System as defined 0 this chapter. (5) Whenever coordinates based on the Florida Co ordinate System are used to describe a tract of land which in the same document is also described by refer- ence to any subdivision, line, or corner of the United Slates Public Land Survey, the description by coordi- nates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plate and Held notes of record, and, in the event of any conflict, the description by reference io the subdivision, line, or corner of the Untied States Public Land Survey shall prevail over the description by coordi- nates. (6) Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description any part of which depends exclusively upon the Florida Co- ordinate System. 160 r, I. rw 11 Ti Cit l of Sebastian L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Meyor TELEPHONE (305) 589-5330 April 9, 1987 Dr. Donald E. Swope, Minister The First Presbyterian Church of Sebastian P. 0. Box 1689 Sebastian, Florida 32978 Dear Dr. Swope: Kathryn M. Benjamin City Clark The'City Attorney has advised us that the abandonment of so-called "paper streets" in Hudson Addition must be accompanied by the pro- per legal description for each street you wish to have abandoned. Also, we must have specifics as to just what easements you would like abandoned. Until we receive the above information, we are unable to move for- ward with your application. o_a;_t, Enclosed is copy of a sample ordinance containing the kind of legal description needed for each street before we can continue with the abandonment process. Very truly yours, Kathryn M. Benjatn City Clerk KMB:lr Enc. ' TENTATIVE TABLE OF SECTION CHANGES MADE IN THE FLORIDA STATUTES F.S. Session Lew F.S. Session Lew F.S. Sec. No. Key Ch. No. Sec. No. Key Ch. No. Sec. No. Key 121.091(cont.) .1g6y32277�5 R 85.5 194.011 •A A 85-2� 16.35,'9 n 1A�171 'A 121.111 A 85-220 163.290 R e5.rx 85-5 195.099(INa) Re 121.40 A&T Im 240.508 85.246 163.295 R 85.5 196.011 A 122.08 A 85246 163.300 R 8555 A 123.07 A 65246 163.305 R 855 196,031 A 123.17 A 85246 163.310 R 8555 196.101 A 124.011 A 8580 163.315 R 8555 196.111 A 1250104 A 85.5 163.3161 A 8555 196.131 A 125.0165 A 85-180 163.3164 A 8555 196.1975 A 'A&T to 85342 163.3167 A 8555 196.199 •A 212.055(lgc),(o) 163.3171 A 8.555 196.285 A 125.485 N 8596 163.3174 A 855 192012 •R 127.01 A 8580 163.3177 A 8542 197.0121 •R 145.051 A &5322 A 655 1970122 IT to 197.103 145 071 A 85322 A 85309 1970124 •R 145.09 A 85-322 163.3178 N 8555 197.0125 •R 145.10 A 85322 163.3184 A 85-5 197.0126 •R 145.11 A 85-322 163.3187 A 85.5 197.0127 •R 154.04 A 8568 163.3191 A 8565 197.0128 IT to 197.123 154,304 A 8580 163.3194 A 8555 197.0129 •R 159.26 A 85.202 163.3197 A 8555 197.0134 •R 159.27 A 85282 163.3201 A 8555 197.0135 •R 159.445 N 85196 163.3202 N 8555 197.0136 •R 159.701 A 85313 163.3204 A 855 197.0138 •R 159 702 A 85313 163.3207 R 65-5 197.0143 IT to 197.202 159.703 A 85313 163.3211 A 65.5 197.0146 'R 159.704 A 85313 163.3213 N 86.5 1970147 •R 159.705 A 85313 163.3215 N 85,5 197.0151 •R 169.801 IN 85282 163.340 A 85480 197.0152 •R 159.802 IN 85282 163.360 A 85.5 197.0155 'A&T to 197.222 159.803 IN 85282 163.450 A 8580 197 0158 'A&T to 197.2301 159.804 IN 85282 163.569 A 8580 1970163 IT to 197.242 159805 IN 85282 163.801 N 85180 197.0164 IT to 197.243 159.806 IN 85282 163.802 N 85-160 197.0185 'A&T to 197.252 159.807 IN 85282 163.803 N 85180 197.0166 *A&T to 197.253 159.806 IN 85282 163.804 N 85180 197.0167 *A&T to 197.254 159 809 IN 85282 163.805 N 85180 197.0168 *A&T to 197.262 15981 IN 85282 163.806 N 65180 197.0169 IT to 197.263 159.811 N 85282 163.807 N 85180 197.017 IT to 197272 159812 IN 85282 163.8075 N 05180 197.0171 IT to 197.282 159813 IN 85-282 163.808 N 05180 197.0172 IT to 197.292 159.814 IN 85282 163.809 N 85180 197.0173 *A&T to 197.301 159815 IN 05282 163.81 N 85-180 1970174 IT to 197.312 161.053 A 85.5 163.811 N 85180 197.062 'R 161.0535 A 855 163.812 N 85-180 197.066 •R 161054 A 85.5 163.813 N 85-180 197.072 •R 161.52 N 85.5 163.814 N 85180 197.076 •R 161.53 N 855 163.815 N 85180 197077 •R 161.54 N 85-55 163816 N 85480 197.086 .R 161.5 N 8555 163.817 N 85180 197.092 •R 161.56 N 855 163.818 N 85180 197.096 IT to 197.414 16157 N 855 163.819 N 85180 197.101 •R 161.58 N 85.5 166.231 A 85174 197102 IN 162.02 A 85-150 171.062 A 85.5 197.103 IT Im 197.0122 162.09 A 85-150 175121 A 85-61 197.106 'R 162.11 A 85-150 177.36 A 85-80 197.116 •8 169.01 A 5-5 185.10 A 8561 197.121 'R 163.160 R 85.5 186.006 A 8557 197.122 IN 163 165 R 855 186.008 A 8557 197 123 IT 1m 197.0128 163.170 R 855 186.021 A 8557 197.131 IN 163,175 R 85.5 186022 A 8557 197.132 'A&T to 197.433 163,160 R 8555 186.503 A 8580 197.136 •R 163.183 R 85.5 186.508 A 855 197.141 •R 163.185 R 8555 187.101 N 8557 197.142 •N 163.190 R 85-5 187.201 N 8557 197.151 'R 163.195 R 855 190.004 A 8555 197.152 IN 163100 R 8555 190.005 A 8555 197.156 •R 163.205 R 85-55 190.006(3Ho}(o) Re 8580 197 161 'R 163.210 R 85.5 190.009 A 85-60 197.162 IN 163 215 R 85-5 190.016 A 550 197.172 IN 163.220 R 85-5 190.024 'A 85342 197.176 •R 163.225 R 85-5 190.025 'A 85342 197181 •R 163.230 R 85.5 192.037 •A 85.342 197182 IN 163.235 R 5.5 192.091 •A 85342 197.186 •R 163240 R 5.5 193052 •A 5342 197.191 •R 163245 R 5.5 193.102 'A 5342 197.192 IN 163.250 R 55 193.1145 'A 05342 197.196 'R 16325 R 85.5 193.116 •A 85342 197.201 •R 163.260 R 855 193.122 'A 85342 197.202 •f fm 197.0143 163.25 R 855 193.461 A 8577 197,206 •R 163270 R 115,5 193.601 A 5.5 197.212 IN Q y Q 0 LLW z W ci LLO,� J a W F= H z W. 7-i�l Y ggtgcuggi sag a Yaazaa<¢a�¢¢aX¢ ¢aX. X¢zzz.z.z.zoczcczgczgcazzaaaaaaaaaaaaza<aaaaaaaaaaa c .i i Ili rrNrr r CGCG cXvGGC O O CO CCC O C C O C O NNNNNNO66 000 �2Rc6RNNNNN A �...r rrr r r � � rrr r r r r r rrrrrrrrr r rr r.�rr Qr�rr oorp or rr rrr r r r r r r rrrr�rprrrr ��jj��pp ��jjrr ��rpp��rjjrrrrrrrr s NNca1�g�4700�G9��� �7DGDdD� NNNN(�'� (�(� oQ (� �(�jjppN�('�jjNe�pQ��jjt��yyG oo <D�RR�� OO�N`~N�`� NNN r tG77r���rr rrrr NNNNu71A1f7fD�Y7tAO0�tD�7WNNCD�N N ��Cjj G��-NN N NCM tAr t99999 9t � aV 3 zaaaa<¢aaaa¢zaaaaazaaasaaoaEzzaaaa�aaaaaQaaaa¢aaa<aaa<aaaa¢aaz�zz�a r r E o E — m _l Orrr rQQ� (y q-- as^(r�Qr�r�ljr�rlr�NC�{Q�j�p�(yq{�--- ----N NN V�7 rRSBR�I-'rr `.DCOOO ��g 00��GCD000I tn��00rrO�O�K7�A<D(DCDf►�OOO .0 .0 . . . . . . .rrrrrrrr CCS-rrr IV CVl1tt�C7QQ^f►^f�t� NcVCV �s�clu7mprrrr"^"" 21 Cc cD�p�p�p�p �p OC000000 ���vvtO�DtOtOtD�l.e�e►(�^�.f�1.i.�.1�t�88Slol Qinsigg�sig8OOOOOOOOOOOsS00000�0�00^^ o f$ HINH RRSrRR�3°D oa►�o�aoa�c� v�ao � osit Mtgggggtt9N"ggiaagtat9A9gtftt9CCAct0t9tct9t9tA °f9tct9t9t9989 � a m � aaaaaaaaaaazaaazaaa¢aaaaaaaa¢aaaaz¢aaaazzzzzzzzzaaaaaaazaaaaaaaaaaaa _ 9 _ 1 �1�rNNN� r �!! r � rN ��77��ppA Nr cy N V7 NN�tQtCiC'4 or(�(prts00 O rr '? Q nr SOOsS000I-4 NQf r M NO tp �rrrrr(� K71A S NN s C'7l� M ��yy O ��i r7 Qtr � NNNN< O rNrr CC QCp7 aC"! N r f?�[! t�t�l+t�l�/�f�t`�N ��tatOtO^�CCNN NtVc�iN `n C\INcm e::e.nr�r+rr�r�r�r.�ca N N N '4t; oil AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 (Amended 10-1770) io o889 01 001486 ra 'ii CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN !'F SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a - Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Tide to the estate or interest described in Schedule A being vested otherwise than as stated therein; 14- 2. Any defect in or Hen or encumbrance on such tide; or 3. Lack of a right of access to and from the land. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and scaled as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY By: Issued by: i INDIAN RIVER TITLE CORPORATION • 505 Beachland Blvd. �c ��� �, f P.O. Box 6116 J.r Vero Beach, Florida 32960 President. (305) 231-3303%IPORATE ATTEST: Secretary. IMPORTANT This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be Insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser. Copyright 1969 American Land Title Association '14 0 The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govemmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, -or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. SCHEDULE A �. , A DAIF Of POLICY AMOUNT CM INSURANCE May 1, 1985 at 12:41 Y.M. I $150,000.00 *04' t ,,I1; CENTRAL FLORIDA PRESBYTERY, INC., by virtue of Warranty Deed dated April 22, 1985 and filed May 1, 1985 in Official Records Book 0707, Page 2788, Public Records of Indian River County, Florida. I it,: came or interest in the land described herein and which is covered by this policy is: I ee .unple I h: e,t.oe nr interest referred to herein is at.Dute of Policy vested in the insured. 1 he Land herein described is encumbered by the following mortgage or trust deed, and assignments: Mortgage executed by CENTRAL FLORIDA PRESBYTERY, INC., to SUSAN WILMOTH, AL MAZZARELLA and GENE WILMOTH, as Tenants in Common, as to an undivided 1/3 interest each, dated April 30, 1985 and filed May 1, 1985 in Official Records Book 0707, Page 2790, of the Public Records of Indian River County, Florida; securing the sum of $100,000.00. and the ntortk!ages or trust deeds. if any. shown in Schedule B hereof. �. t he land referred to in this policy is described as follows: Beginning at the SW corner of Lot 1, Section 6, Township 31 South, Range 39 East. run North along West line of said Lot 1, 463 1/2 feet; thence run East 522 feet, more or less, to right of way of Florida East Coast Railway; thence Southerly along said right of way 520 feet, more or less, to South line of said Lot 1; thence West along said South line of Lot 1, 773 feet, more or less, to point of beginning. EXCEPT the North 80 feet of the above described property, and LESS AND EXCEPT that part of the above described property conveyed to City of Sebastian, Florida, by Quit Claim Deed recorded in Official Record Book 619, page 2245, Public Records of Indian River County, Florida. ` 700 'rhis policy valid only it' Schedule 11 is anaehed. :u 11889 01 001486 SCHEDULES I n , I,,,j,cy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) Taxes or special assessments which are not shown as existing liens by the public records. '.b Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A., if this schedule is attached to an Owner's Policy. (6) Taxes and assessments for the year 1985 and subsequent years. Which are not ye_5, . due and payable. Countersigned Autho ignalory Note: Ifthis schedule is allached to a Loan Puficy. Junior and +uhordan.ae malice.. d ..nt, are not reflected herein. Note: This policy consists of inert pages Labeled Schedules A and It. '['his Policy is of no force and effect unless hoth pages are included ;long with any added pages incorporated by f IAAA25.A1 ,'..rnn_m, CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage here- under. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A. nor any right, title, interest. estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 4. Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions—Notice of Claim to be given by an Insured Claimant (a) The Company. at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect. lien, encum- brance. or other matter. insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above. 60 in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or iniceest as insured. and which might cause loss or damage for which the Com- pany may he liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of -the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, how- ever. that failure to notify shall in no case prejudice the rights of any such.insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) . The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in- its opinion may be necessary or desirable to establish the title to the estate or interest as insured. and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy. the Company may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expressly reserves the right. in its sole discretion. to appeal from any adverse judgment or order. (e) In all cases where this policy permits or requires the C, ,,, IRV to prosecute or provide for the defense of any action or proccoMns. the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- ceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Lou—Limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. S. Options to Pay or Otherwise Settle Claims The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in addition'to any loss insured against by this policy. all coats imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Llndtation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the tide, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there- from, adverse to the title, as insured. as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be Made without producing this policy for endorsement of such payment unless the policy be lost or destroyed. in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this Policy shall be reduced by any amount the Company may pay under any policy insuring' either (a) a mortgage shown or referred to in Schedule B heregf which is a lien on the estate or interest covered by this policy. or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed CONDITIONS AND STIPULATIONS (Continued on Reverse Side) 3 c' a CONDITIONS AND STIPULATIONS (Continued) a payment under this policy. The Company shall have the option to `apply to the payment of any such mortgages any amount that other- wise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said Insured owner. 10. Apportlonment If the land described in Schedule A consists of two or more parcels which are not used m a single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. Sabraaatlon Upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Com. party, such insured claimant shall transfer to the Company oli rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If lose should mull from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12, Uablllty Limited to This Policy This instrument together with all endorsements and other instru- ments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, a validating officer or authorized signatory of the Company. 10. Notices, Whore Sent All notices required to be given the Company, and any statement in writ- ing required to be furnished the Company shall be addressed to it at the issu- ing office or to Chicago Title insurance Company, Claims Department, Ill West Washington Street, Chicago, Illinois 60602. • ms's=. _ I n IK' y ^i n ^t7 C,y t,1I • C'f (� V y �i n j z i r y O > z 16 IVY 14 41 12 o N 7_ r v M m i1J a 27615~2 EEAMCO F04114 e 6 "-(bib PtML E,'«,,:.d E6..70th Ally .1 3onuary w 81 .6v i IRYING GELLER and SEYMOUR GREENSPAN, feet Pa V"- CITY OF SEBASTIAN, FLORIDA, a Florida municip,El corporation .Phar pestells•..dJ.... .. City Hall, Main Street, Sebastian, Florida 32958 ..rood Prfy .e-�......r �,,., i ,.r..rr. �r ,r �..�.. r .mow• � .T•.,....r,..� r .«.. i Th.E 1h....d ISM pasty. 1. .od ,n rwu.de.PEwn of Eh. ,uo, of 51 0 . 00 .w IWd Poul by the sod sw...J party, th. Vipe wh.nol u h..aby .ehna. leda.d, don h...by nwir, n b " ad quiR. Pw a lia Eh..aul aeao.d pony Jul ,..11 Eh. naki. Wie. Int.rv.1. claim .0d J.P,and which � the —W i" Pa.ty hr EP ...d a if . lollae.tne Jrntb.d br. W.P. w Parc.l .I I..,d. aEn.ala, lylnq Mai 604W a the C..OEy.0 Indian River State .4 Florida .mw11 The East 30 feet, the Nest 30 feet, and the North 15 feet of the following described property: The South 38;.S feet of Govtrnment Lot 1, Section 6. Town- ship 31 South, Range 39 East, lying Nest of the Florida East Coast Railroad r'.aht of way, said land lying and being in Indian River County, Florida. To 11m Y% to WW is. ,ate. Eaa.thn a uh oD ..d .1..11.1.. IA. appumoaaa oa Ih.,.auio fw"i.e or In anyr.Ua apporlawry, azul all the nl.l.. ngm' 1116. Inlnaal. h,n, equity and c" wh.1 mmof EAe .ad IErw Rawly. atfhr in law o. equity. to Eh, only PnNw me. 60411 aid bAwl of Iha said oaca.d RawMyy l��lot000,- is 1rttm ftnAtr Tho Raid I., Err, has .,g..d ..d ,.aW Ehn, Prrsants the Jay and spar 1101 above mullion. _ _ l n i lT'er i �"'an River 1 V ! G 1 HLWv C1341►v ,W on tlu, aur, a1Eon au, u Oln daty s.d..rd i..Yc awe dolmew and in ,at Con P,I afore" to t.a. eca.a.4edaueon6 Personally appru,d IRYING GELLER. W ,.e am.n w ho tV Petel domsb.a a and ra. sU,.Wd A. larryoiea i..rw.ent ..d he .-k .k ig,4 tdo err ,au he caaa.ud the .ao,. WIarymy .aa Wlirid mot u tM Caury , Su .1 ,d du day f January,, A. A. D. 19 81. , ihu l�rv�Yb.p..d a, 1ERO.AE O QUINN O' i IRE. TMAT:nER a QVI" F. 0. box 1030 VOO MACH. FLORIDA 32960 (,Gida 2. o as Rep �<' tate o F ort Larya;.'1� c&ihi sio expires: Ir Iwo 1919W ? , Q 140 SAW PUNN` Z7852.3 852.3 RAId(.O PORN s TR�-�aO ONE F-.«w.d e6..'. ' J.y.l February MARION SEMBLER THOMAS. A 1) 1981 . by lint Pi ,. r. cl-Y OF SEBASTIAN, FLORIDA, a Florida municipal corporation, .A«. pa.enl►er..dj... .. City Hall, Main Street. Sebastian, Florida 32958 i .o,wl,d pvy r .rYw ,.'f.�.�.r1 1 �I T"j 111. Nd i" rVIF. (a •nJ I ('.I,N(Mf11M q 161 Iwo .I ' 10 . DD M Aand pnPd 16y 140 sold a...l.d voNy. Ike l K.W e•A.,.ol .. 6.,nby ar'Ln.ra•Wy.11. d.Pe 6.<.b, ftL.. n i {NNP " ginu Anew -aft the said .Prwod Pont, toin101..11 I6 rightffll.. ink. $' chuni and dowa d wh" i 06 odd ltne part- L. In and to f6. (all .*v Jnemb.d bt. W.,ir n, panel d bind. .0 .1.. lylnp and bPi.p I. As cnaay.1 Indian River StatP.1 Florida . en..At I The South 15 feet of the North RO feet of the following described land: Beginning at the Southwest corner of Lot No. 1, Section 6, Town- ship 31 South, Range 39 East, running North along West line of said lot 463 1/2 feet, thence East 522 feet more or less to right of way of the Florida East Coast Railway Company, thence Souther- ly along said right of way 520 feet, more or less, to the South lin, of said Lot 1, thence West along said South line of Lot 1, _733 feet, more or less, to point of beginning. EXCEPT, HOWEVER, the part thereof owned by John C. Thomas and Rita A. Thomas, his wife. AT /lS IryiF rnR G � � �I7.0. aivi Nyi i Y•yr � �_�; oilwer duly .udh.risd in ,he Suw aloenoid w d ,n the Cation' alomnid in take achnnohdaornu, penitently Ppinwed MAk10N SEMBLER THOMAS, w m. In... o M dw peon drK,And u .it o►o <.,.wd lk� I.r,aag iulrunr.. and She .,h. kda,d Wt., tie ,ha, she r..wd W, wee. 1 40 . 70 Raw "d h .. iM .nw. l.pni6,v u.116 .II .nd P p Nnynlnr 16. av�i�dPnanc+.�lwnPnle 6.Iw iM or in anywW Nnp.rt k.Inp. areal all 16. ,real., riski, fill,. 1ntm.l. h.n. eyuil, and elalw w6:- .n.rw of dw Pad itme party, Petit. In law a.."fly. 1. 16, only pony., w.. bPn.lei Pad 664 •i Ike sad ,i N,..d pares laravPr. Large.. commission expires: JA liftaffiI 1w[aLdP T6. sad lint vary baa r.Pnrd and a..l.d there wP.+neo IM d.F o^d yav '.j lint .ban. raP(tlr•t. '!hy IIW/IIYpy�el' P,�y1PQ-^; t 1• : Seyn.d...al.d and &uv*r«I in praaPncs of: JEROME D C ..„•�• AAhm Walt o'NAIRE, THAT HIR S Qu11v1/' lit �4�,t1L.... ...... ... P. O. sox IU3o Marion Sembler Thomas STATE OF FLORIDA, 1 COUNTY OF Indian River j 1 HERaaY CERTIFY ,hm on .hi, it.,, helor, oilwer duly .udh.risd in ,he Suw aloenoid w d ,n the Cation' alomnid in take achnnohdaornu, penitently Ppinwed MAk10N SEMBLER THOMAS, w m. In... o M dw peon drK,And u .it o►o <.,.wd lk� I.r,aag iulrunr.. and She .,h. kda,d Wt., tie ,ha, she r..wd W, wee. 1 1 sal in -ni, Cout, WITNESS my hand ..d .elitinu and S, Wt .fonw�d7 thu 7 day of 41 ,., February A. D 19 81....•`•:•:•.. dI '•. cit •c , /�` .... ........ ........... �.`.�'• <<, ; = Notefy Public, Sta a of Floridata Large.. commission expires: MMAaP MIC 0412 d OMOA AT tAC'd '!hy IIW/IIYpy�el' P,�y1PQ-^; t 1• : at/O®1)�u OI•eLAi'b ta4aral Titl JEROME D C ..„•�• AAhm Walt o'NAIRE, THAT HIR S Qu11v1/' P. O. sox IU3o VEPO BLVA FtOR” 12%0 THIS I$STWUL1MT i8 i:OT SUITARLIS POR MICROOILMING i V. Cite of Sebashall L. Gene Harris POST OFFICE BOX 127 ❑ SEBASTIAN, FLORIDA 32958-0127 Deborah C. Kragen Mayor TELEPHONE (305) 589-5330 City clerk April 24, 1986 Dr. Donald E. Swope Presbyterian Church of Sebastian Post Office Box 1689 Sebastian, Florida 32958 Dear Dr. Swope: Pursuant to our conversation, yesterday, in my office, re- questing information on the requirements to vacate a platted subdivision. Attached, please find copies of Florida Statutes 177.085. Platted Streets; reversionary clauses and 177.101. Vacation and annulment of plats subdividing land. I have prepared a brief outline of the requirements necessary to vacate the portion of Hudson Addition Sundivision and they are as follows: 1. Proof of fee simple title of the land covered by the plat sought to be vacated. 2. Proof of publication by applicant with the advertise- ment appearing not less than two weekly issues of a a newspaper of general circulation in the county. 3. Certificates showing that State, county and municipal taxes have been paid. It would be most helpful for our staff to receive a letter of intention, requesting the abandonment and specifying the ease- ments and platted roads that you desire vacated, along with a copy of a recent survey. Once this information has been re- ceived by my office, copies will be forwarded for staff review and recommendation and those comments forwarded to council for direction and disposition. Should the City Council direct the City Attorney to prepare a Resolution to vacate that portion of the subdivision it will be placed on the following City Council agenda for action. Please Dr. Donald E. Swope April 24, 1986 page 2 be advised that there will be a minor charge for the re- cording of the Resolution in the office of the Clerk of the Circuit Court of Indian River County. The fee will be approximately $10.00. Should you have any questions or require any assistance or additional information please do not hesitate to con- tact me. Very truly yours, 'rJ � `l`y L► Deborah C. Krages City Clerk d attachments (as noted) CC: Attorney Palmer Mayor Harris file Ch. 177 LAND BOUNDARIES F.B. 1888 ate governing body shall not include the verification of the survey data, except by a land surveyor either em- ployed by or under contract to the local governing body for the purpose of such examination. For the purposes of this chapter: (a) When the plat to be submitted for approval is lo- cated wholly within the boundaries of a municipality, the governing body of such municipality shall have exclu- sive jurisdiction to approve such plat. (b) When a plat lies wholly within the unincorporated areas of a county, the governing body of such county shall have exclusive jurisdiction to approve such plat. (c) When a plat lies within the boundaries of more than one governing body, two plata shall be prepared and each governing body shall have exclusive jurisdic- tion to approve the plat within its boundaries, unless the governing bodies having said jurisdiction agree that one plat is mutually acceptable. (2) Any provision in a county charter, or in an ordi- nance of a county chartered under s. 6(e), Art. VIII of the State Constitution, which provision is inconsistent with anything contained in this section shall prevail in such charter county to the extent of any such inconsistency. M@tM.—. I.=. 71 379.. 1, r 76 no... t. r 77462.. 1, 11 772/6. 177.081 Dedication and approval.— (1) Every plat of a subdivision filed for record must contain a dedication by the developer. The dedication shall be executed by ail developers having a record in- terest in the lands subdivided, in the same manner in which deeds are required to be executed. All mortga- gees having a record interest in the lands subdivided shall execute, in the same manner in which deeds are required to be executed, either the dedication contained on the plat or a separate instrument joining in and ratify- ing the plat and all dedications and reservations there- on. (2) When a tract or parcel of land has been subdivid ad and a plat thereof bearing the dedication executed by the developers and mortgagees having a record in- terest in the lands subdivided and the approval of the governing body has been secured and recorded in com- pliance with this chapter, all streets, alleys, easements, rights-of-way, and public areas shown on such plat, un- less otherwise stated, shall be deemed to have been dedicated to the public lot the uses and purposes there- on stated. However, nothing herein shall be construed as creating an obligation upon any governing body to perform any act of construction or maintenance within such dedicated areas except when the obligation is vol- untarily assumed by the �overning body. 1Ys1ar.—. 1. M. 71339.. 2, c 896. 177.085 Platted streets; reversionary clauses.— (1) When any owner of land subdivides the lard and dedicates streets, other roadways, alleys or similar strips on the map or plat, and the dedication contains a provision that the reversionary interest in [tie street, roadway, alley or other similar strip is reserved unto the dedicator or his heirs, successors, assigns, or legal rep- reserltallve, or similar language, and thereafter conveys abutting lots or Tracts, the conveyance shall carry the re- versionary interest in the abutting slreef to the center- line or other appropriate boundary, unless the owner clearly provides otherwise in the conveyance. (2) As to all plats of subdivided lots heretofore rec- orded in the public records of each county, the holder of any interest in any reversionary rights in streets in such plats, other than the owners of abutting lots, shall have 1 year from July 1, 1972, to institute suit in a court Of competent jurisdiction in this state to establish or en. force the right, and failure to institute the action within the time shall bar any right, title or Interest, and all right of forfeiture or reversion shall thereupon oeess and de- termine, and become unenforceable. 11111i.ry.-84. 1. 2. m. 72267.2. 60, 0 73x33. 177.091 Plata made for recording.—Every plat of a subdivision offered for recording shall conform to the fol. lowing: (1) It shall be: (a) An original drawing made with black permanent drawing ink or varitype process on a good grade linen tracing cloth or with a suitable permanent black drawing ink on a stable base film, a minimum of 0.003 inches thick, coaled upon completion with a suitable plastic material to prevent flaking and to assure permanent legi- bility; or (b) A nonadhered scaled print on a stable base film made by photographic processes from a film scribing tested for residual hypo tooting solution to assure per. manency. Marginal lines, standard certificates and approval forms shall be printed on the plat with a permanent black drawing ink. A print or photographic copy of the original drawing shall be submitted with the original drawing. (2) The size of each sheet shall be determined by the local governing body and shall be drawn with a mar- ginal line, or printed when permitted by local ordinance, completely around each sheet and placed so as to leave at least a 1/2 -inch margin on each of three sides and a 3 -inch margin on the left side of the plat for binding pur- poses. (3) When more than one sheet must be used to ac- curately portray the lands subdivided, each sheet must show the particular number of that sheet and the total number of sheets included, as well as clearly labeled matchlines to show where other sheets match or adjoin. (4) In all cases, the scale used shall be of sufficient size to show all detail and shall be both slated and graphically illustrated by a graphic scale drawn on every sheet showing any portion of the lands subdivided. (5) The name of the plat shall be shown in bold legi- ble letters, as slated in s. 177.051. The name of the sub- division shall be shown on each sheet included. (6) A prominent -north arrow' shall be drawn on ev. cry sheet included showing any portion of the lands sub- divided. The bearing or azimuth reference shall be clear- ly slated on the face of the plat in the notes or legend. (7) Permanent reference monuments shall be placed at each corner or change in direction on the boundary of the lands being platted; however,'P.R.M.s' need not be set closer than 310 feet, but shall not be more than 1400 feel apart. In all cases there shall be a minimum of lour'P.R.M.s' placed on the boundary of the 910 1985 F.S. 1985 LAND BOUNDARIES lands being platted. Where such comers are in an inac- cessible place,'P.R.M.s" shall be set on a nearby offset within the boundary of the plat and such offset shall be so noted on the plat. Where corners are found to coin- cide with a previously set 'P R.M.," the number on the previously set "P.R.M." shall be shown on the new plat or, if unnumbered, shall so state. Permanent reference monuments shall be set before the recording of the plat and this will be so staled in the surveyor's certificate on the plat. Such'P.R.M'shall be shown on the plat by an appropriate designation. (8) "P.C.P.s" shall be set at the intersection of the centerline of the right-of-way at the intersection of all streets, at'P.C.s; 'P.T.s," "P.R.C.s" and "P.C.Cs" and no more then 1,000 feet apart, on tangent, between changes of direction, or along the street right-of-way or block lines at each change in direction and no more than 1,000 feet apart. Such'P.C.P.s' shall be shown on the plat by an appropriate designation. In those counties or municipalities that do not require subdivision improve- ments and do not accept bonds or escrow accounts to construct improvements, "P.C.P.s" may be set prior to the recording of the plat and shall be set within 1 year of the date the plat was recorded and shall be referred to in the surveyor's certificate. In the counties or munici- palities that require subdivision improvements and have the means of insuring the construction of said improve- ments, such as bonding requirements, "P.C.P.s' shell be set prior to the expiration of the bond or other surety. It is the land surveyor's responsibility to furnish the clerk or recording officer of the county or municipality his cer- tificate that the'P.C.P.s' have been set and the dates the'P.C.P.s" were set. (9) Each plat shall show the section, township, and range as applicable, or, if in a land grant, the plat will so stale. (10) The name of the city, town, village, county, and state in which the land being platted is situated shell ap- pear under the name of the plat as applicable. (11) Each plat shall show a description of the lands subdivided, and the description shall be the same in the title certification. The description must be so complete (hat from it, without reference to the plat, the starting point and boundary can be determined. (12) The dedications and approvals required by as. 177.071 and 177.081. (13) The circuit court clerk's certificate and the land surveyor's certificate and seal. (14) All section lines and quarter section lines occur- ring in the map or plat shall be indicated by lines drawn upon the map or plat, with appropriate words and fig- ures. If the description Is by metes and bounds, the point of beginning shall be indicated, together with all bearings and distances of the boundary lines. If the plat - led lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. The initial point in the description shall be tied to the nearest government corner or other recorded and well established corner. (15) Location, width, and names of all streets, water- ways, or other rights-of-way shall be shown, as applica- ble. Ch. 177 (16) Location and width of easements shall be shown on the plat or in the notes or legend, and their in- tended use shall be clearly stated. (17) All contiguous properties shall be identified by subdivision title, plat book, and page, or, if unplatted, land shall be so designated. If the subdivision platted is a resubdivision of a part or the whole of a previously rec- orded subdivision, sufficient lies shall be shown to con- trolling lines appearing on the earlier plat to permit an overlay to be made; the fact of its being a resubdivision shall be stated as a subtitle following the name of the subdivision wherever it appears on the plat. (18) All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered in each block, and the blocks progressively numbered or let- tered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout the several additions. (19) Block corner radii dimensions shall be shown. (20) Sufficient survey data shall be shown to posi- tively describe the bounds of every lot, block, street easement, and all other areas shown on the plat. When any lot or portion of the subdivision is bounded by an ir- regular line, the major portion of that lot or subdivision shall be enclosed by a witness line showing complete dale, with distances along all lines extended beyond the enclosure to the irregular boundary shown with as much certainty as can be determined or as 'more or leas,' if variable. Lot, block, street, and all other dimensions ex- cept to irregular boundaries, shall be shown to a mini- mum of hundredths of feel. All measurements shall refer to horizontal plane and in accordance with the definition of a loot or meter adopted by the United States Bureau of Standards. (21) Curvilinear lots shall show the radii, arc dis- tances, and central angles or radii, chord, and chord bearing, or both. Radial lines will be so designated. Di- rection of nonradlal lines shall be indicated. (22) Sufficient angles, bearings, or azimuth to show direction of all lines shall be shown, and all bearings, an- gles, or azimuth shall be shown to the nearest second of arc. (23) The centerlines of all streets shall be shown with distances, angles, bearings or azimuth, 'P.C.s," "P.T.s; "P.R.C.s;'P.C.C.s; arcdislariMcentralangles, tangents, radii, chord, and chord bearing or azimuth, or both. (24) Park and recreation parcels as applicable shall be so designated. (25) All interior excepted parcels shall be clearly in- dicated and labeled 'Not a part of this plat" (26) The purpose of all areas dedicated must be clearly Indicated or staled on the plat. (27) When it is not possible to show curve detail in- formation on the map, a tabular form may be used. HW".—a I. ch 71338, s. 51,N 7183.3. 911 177.101 Vacation and annulment of plats subdivld- Ing land.— (1) Whenever it is discovered, after the plat has been recorded in the public records, that the developer has previously caused the lands embraced in the sec- ond plat to be differently subdivided under and by virtue Ch. 177 LAND BOUNDARIES F.S. ion of another plat of the same identical lands, and the first plat was also filed of public record at an earlier dale, and no conveyances of lots by reference to the first plat so filed appears of record in such county, the governing body of the county is authorized and directed to and shall, by resolution, vacate and annul the first plat of such lands appearing of record upon the application of the developer of such lands under the first plat or upon application of the owners of all the lots shown and desig- nated upon the second and subsequent plat of such lands, and the circuit court clerk of the county shall thereupon make proper notation of the annulment of such plat upon the lace of such annulled plat. (2) Whenever it is discovered that alter the filing of a plat subdividing a parcel of land located in the county, the developer of the lands therein and thereby subdivid- ed did cause such lands embraced in said plat, or a part thereof, to be again and subsequently differently subdi- vided under another plat of the same and identical lands or a part thereof, which said second plat was also tiled at a later dale, and it is further made to appear to the governing body of the county that the filing and record- ing of the second plat would not materially affect the fight of convenient access to lots previously conveyed under the first plat, the governing body of the county is authorized by resolution to vacate and annul so much of the first plat of such lands appearing of record as are included in the second plat, upon application of the own- ers and developer of such lands under the first plat or their successors, grantees, or assignees, and the circuit court clerk of the county shall thereupon make proper notation of the action of the governing body upon the lace of the first plat. (3) The governing bodies of the counties of the state may adopt resolutions vacating plats in whole or in part of subdivisions in said counties, returning the property covered by such plats either in whole or 1n part into acre- age. Before such resolution of vacating any plat either III whole or in part shall be entered by the governing body of a county, it must by shown that the persons making application for said vacation own the lee simple title to the whole or that part of the tract covered by the plat sought to be vacated, and it must be further shown that the vacation by the governing body of the county will not affect the ownership or fight of convenient ac- cess of persons owning other parts of the subdivision. (4) Persons making application for vacations of plats either in whole or in part shall give notice of their inten- tion 10 apply to the governing body of the county to va- cate said plat by publishing legal notice in a newspaper of general circulation in the county in which the tract or parcel of land is located, in not less than two weekly is- sues of said paper, and must attach to the petition for vacation the proof of such publication, together with cer- lificales showing that all state and county taxes have been paid For the purpose of the lax collector's certifi- cation that stale, county, and municipal taxes have been paid, the taxes shall be deemed to have been paid it, in addition to any partial payment under s. 194.171, the owner of the platted lands sought to be vacated shall post a cash bond, approved by the tax collector of the county where the land is located and by the Department of Revenue, conditioned to pay the full amount of any judgment entered pursuant to s. 194.192 adverse to the person making partial payment, including all costs, inter- est, and penalties. The circuit court shall fix the amount of said bond by order, after considering the reasonable time frame for such litigation and all other relevant fac- tors. and a certified copy of such approval, order, and cash bond shall be attached to the application. If such tract or parcel of land is within the corporate limits of any incorporated city or town, the governing body of the county shall be furnished with a certified copy of a reso- lution of the town council or city commission, as the case may be, showing that it has already by suitable resolu- tion vacated such plat or subdivision or such part there- of sought to be vacated. (5) Every such resolution by the governing body shall have the effect of vacating all streets and alleys which have not become highways necessary for use by the traveling public. Such vacation shall not become at- lective until a certified copy of such resolution has been filed in the offices of the circuit court clerk and duly rec- orded in the public records of said county. (6) All resolutions vacating plata by the governing body of a county prior to September 1, 1971 are hereby validated, ratified, and confirmed. Such resolutions shall have the same effect as if the plat had been vacated af- ter September 1, 1971, Mlarny.—a 1. M. 71339. a. 1. M 7M. 177.111 Instructions for filing plat—Atter the ap- proval by the appropriate governing body required by a. 177.071, the plat shall be recorded by the circuit court clerk or other recording officer upon submission thereto of such approved plat. The circuit court clerk or other re- cording officer shall maintain in his office a book of the proper size for such papers so that they shall not be fold- ed, to be kept in the vault. A print or photographic copy on cloth shall be filed in a similar book and kept in his office for the use of the public. The clerk shall make available to the public a full size copy of the record plat at a reasonable lee. WWMw —a 1. a1. 713:9: a 1. rn. 7&110. 177.121 Misdemeanor to molest monument or de- face or destroy map or plat—It is a misdemeanor of the second degree, punishable as provided in e. 775.082 or s. 775.083, for any person to molest any monuments es- tablished according to this chapter or to deface or de- stroy any map or plat placed on public record. W&WV.—a IA.c 71JA 177.131 Recordation of the Department of Trans- portation official right-of-way maps and other govem- mental right-of-way maps.— (1) The circuit court clerk of a county shall record in the public land records of the county any map prepared and adopted by the Department of Transportation or any other governmental entity as its official right-of-way map after the same has been approved by the appropri- ate governmental authority. The clerk shall use special plat books provided by the appropriate governmental authority for such maps, which shall be kept with other plat books. The clerk shall make available to the public a full size copy of the right-of-way maps at a reasonable fee. 912 L985 F.S. 1988 -the iter- 3unt able fee - and uch any the "a. ase olu- are. ody eys by at- een rec- ring oby hall I af- ap- Ir s. surf eta re - the )Id- spY his rke slat to - :he or es- ie- u- m - in ed or ay )ri- ial let ier lic tie LAND BOUNDARIES (2) Sections 177.011-177.121 of this chapter are not applicable to this section. Upon request of the clerk, the Department of Transportation shall furnish without charge a reproducible copy of its right-of-way maps. rr.wr.—a. r. M. 71-36. 177.132 Preservation of unrecorded maps.— (1) The clerk of the circuit court of a county may re- ceive and copy, as unrecorded maps, otherwise unre- corded plats and maps, including sales maps, which de- scribe or illustrate the boundaries and subdivision of parcels of land, but which do not necessarily indicate proper metes and bounds or otherwise comply with the recording requirements of this chapter. The receipt and copying of such documents shell not affect or impair the title to the property in any manner, nor shall it be con- strued as actual or constructive notice, but shall be for informational purposes only and shall not be referred to for the purpose of conveying properly or for circumvent- ing the lawful regulation and control of subdividing lands by local governing bodies. The clerk may maintain a sep- arate book or other filing process provided by the county for this purpose. The clerk shell make reproductions of these copies available to the public at a reasonable lee. (2) Sections 177.021-177.121 of this chapter shall not apply to this section. rwwr.—. 2. m. rsuo 177.141 AfOdavit confirming error on a recorded plat.—In the event an appreciable error or omission in the data shown on any plat duly recorded under the pro- visions of this chapter is detected by subsequent examt- nalion or revealed by a retracement of the lines run dur- ing the original survey of the lands shown on such rec- orded plat, the land surveyor who was responsible for the survey and the preparation of the plat as recorded may file an affidavit confirming that such error or omis- sion was made. However, the affidavit must stale that he has made a resurvey of the subject property in the recorded subdivision within the last 10 days and that no evidence existed on the ground that would conflict with the corrections as stated In the affidavit. The affidavit shall describe the nature and extent of such error or omission and the appropriate correction that in his opin- ion should be substituted for the erroneous data shown on such plat or added to the data on such plat. When such an affidavit is filed, it is the duty of the circuit court clerk to record such affidavit, and he shall place in the margin of such recorded plat a notation that the affidavit has been filed, the date of filing, and the book and page where it is recorded. The affidavit shall have no effect upon the validity of the plat or on the information shown thereon. rrtaraq.—a 1. M. 177.181 State plane coordinate.— (1) Coordinates may be used to define or designate the position of points on the surface of the earth within the state for land descriptions and subdivision pur- poses, provided the initial point in the description shall be lied to the nearest government corner or other rec- orded and well established corner. The plane coordi- nates of a point on the earth's surface, to be used in ex- pressing the position or location of such point in the ap- Ch. 177 propriale projection and zone system, shall consist of two distances, expressed in feel and decimals of a foot. One distance, to be known as the 'x-coordinate; shall give the position in an east and west direction; the other, to be known as the y-coordinate; shall give the position in a north and south direction. These coordinates shall be made to depend upon and conform to the origins and projections on the Florida Coordinate System and the tri- angulation and traverse stations of the National Ocean Survey within the state, as those origins and projections have been determined by the said survey. When any tract of lend to be defined by a single description ex- tends from one into the other of the above projections or zones, the positions of all points on its boundary may be referred to either of the zones or projections, with the zone and projection being used specifically named in the description. (2) The position of points on the Florida Coordinate System shall be as marked on the ground by triangula- tion or traverse stations established in conformity with standards adopted by the National Ocean Survey for first -order and second -order work, the geodetic posi- tions of which have been rigidly adjusted on the North American Datum of 1927, and the coordinates of which have been computed on the system herein defined. Any such station may be used for establishing a survey con- neclion with the Florida Coordinate System. (3) No coordinates based on the Florida Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded In any public land records or deed records unless such point is within one-half mile of a triangulation or traverse sta- tion established in conformity with the standards de- scribed in s. 177.031(19). However, the said one-half mile limitation may be waived when coordinates shown are certified as having been established in accordance with National Ocean Survey requirements and proce- dures for first-ordor or second -order work by a surveyor licensed in the state. This certification of order -of - accuracy must be included In the description of the lend Involved. (4) The use of the term "Florida Coordinate System' on any map, report of survey, or other document shall be limited to coordinates based on the Florida Coordi- nate System as defined in this chapter. (5) Whenever coordinates based on the Florida Co- ordinate System are used to describe a tract of land which in the same document is also described by refer- ence to any subdivision, line, or corner of the United States Public Land Survey, the description by coordi- nates shell be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plate and field notes of record, and, in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States Public Land Survey shall prevail over the description by coordi- nates. (6) Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description any part of which depends exclusively upon the Florida Co- ordinate System. MOM—a r,� rrsss. 913 P i THOMAS C. PALMER ATTORNEY AT LAW P.O. BOX 145, 1627 U.S. HWY. •1, SEBASTIAN, FLORIDA 32958 305-589-7550 April 28, 1987 TO: Kay Benjamin, City Clerk RE: Vacation of Streets Ordinance- Arkansas, Hudson & Ring. Attached is the Ordinance for the vacation of three "Paper" Streets in the HUDSON ADDITION to Sebastian. These streets are on paper, but have not been opened. The city should, of course, notify all utilities that we notify for the vacation of any easements because a street is an easement for each utility. Thomas C. Palmer r 3 stree� VPcat iIon Arkar5a Ave, Hudson St. and in Street. I a ORDINANCE NO O - 812 - ls� AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING ARKANSAS AVENUE, HUDSON STREET, AND RING STREET, ALL WITHIN THE HUDSON ADDITION TO SEBASTIAN, AND LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND NORTH OF MAIN STREET (NORTHEAST OF CITY HALL) IN THE CITY OF SEBASTIAN, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of Blocks B, C, D, and E, HUDSON ADDITION According to the Plat filed in the Office of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 182, said land now lying and being in Indian River County, Florida, and in the City limits of the City of Sebastian, have petitioned the City Council to vacate three undeveloped public streets in the said subdivision, and WHEREAS, the City Council finds and determines that the vacation of the three streets as requested conforms to the comprehensive plan for the area of said streets, and that the public health, safety, economy, comfort, order, convenience and welfare will be promoted by the vacation of the said three streets, and WHEREAS, the vacation of the proposed three streets will not result in depriving reasonable access to other lots owned by others nor deny access to any other property, if any, owned by the applicant, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH ITS CITY COUNCIL, AS FOLLOWS: SECTION I That the right-of-way known as ARKANSAS AVENUE located in the City of Sebastian between Blocks C and B on the North and Blocks D and E on the South, HUDSON ADDITION, and more specifically described as follo ws: "Beginning at the northwest corner of Block D, HUDSON ADDITION. run 657.36 feet, more or less, to the West edge of the right-of- way of Louisiana Avenue; thence run northwest 50.00 feet, more or less, to the southeast corner of Block B, thence run West 626.06 feet, more or less, to the southwast corner of Block C; thence run South 50.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. SECTION II That the right-of-way known as HUDSON STREET, located in the City of Sebastian South of Blocks D and E, HUDSON ADDITION, and more specifically described as follows: "Beginning at the Southwest corner of Block D, HUDSON ADDITION, run East 754.40 feet, more or less, to the Southeast corner of Block E and the west right-of-way of Louisiana Avenue; thence run generally southeast 20.00 feet, more or less; thence run West 753.00, more or less to a point approximately 20.00 feet South to the Southwest corner of Block D; thence run North 20.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. t SECTION III That the right-of-way known as RING STREET, located in the City of Sebastian East of Blocks C and D, HUDSON ADDITION, and West of Blocks B and E, and perpendicular to Arkansas Avenue and Hudson Street, HUDSON ADDITION, and more specifically described as follows: "Beginning at the Northeast corner of Block C, HUDSON ADDITION, run South 383.50 feet, more or less, to the Southeast corner of Block D; thence run East 20.00 feet, more or less, to the South- west corner of Block E; thence run North 383.50 feet, more or less, to the Northwest corner of Block B; thence run West 20.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. SECTION IV A Certified Copy of this ORDINANCE shall be filed in the Office of the Clerk of the Circuit Court, Indian River County, Florida, and a Certified Copy shall be recorded in the Public Records of Indian River County, Florida. SECTION V This Ordinance shall be effective upon Final passage by the City Council of the City of Sebastian, Florida, and upon recording in the Public Records of Indian River County, Florida, within the Offices of the Clerk of the Circuit Court. CITY OF SEBASTIAN, FLORIDA ATTEST: by: Kathryn M. Benjamin L. Gene Harris, Mayor City Clerk I HEREBY CERTIFY THAT this Ordinance was duly passed by the City Council of the City of Sebastian, Florida, on the day of ,1987. Kathryn M. Benjamin City Clerk I HEREBY CERTIFY that Notice of Public Hearing for this Ordinance was duly published in the Vero Beach Press Journal, a newspaper of general circulation in the City of Sebastian, Florida, in accordance with Florida Statutes, and that a public hearing hereon was held in the City Council chambers at 7:00 p.m. on the day of 1987, and that following said public hearing this ordinance was passed and adopted by the City Council. Kathryn M. Benjamin City Clerk 0 4179\" '• 4 G 59 SI B 'ING GRANT SECTION 30 O O �, ^2tzi-ic+ 3 Quo. ./f r ,r At zsn' lo�'f 90'. 2n I �; • z•'o oo \r .-)OIO a ^I i, BLOCOC C9 \ ^I K A C3 s: il,,^s o\ GOV. LOT I _ �� .:aa 5�• 9 4ulo j 0 AL G` .,J`. AtnU 10 V�r` I ... GOV. LOT 2 - — ate, _ F o- Ctle quo>0 '' 4 . _ BLOCK C A c Y Od BLOCK B z� O li7 O oo Z° ly� KJOSON ADIT10 6 4 077 �� ;. Qo� ✓ /fid✓Nw�L r o...,, \ t At ti to BLOCK D0, , I "� i ry rvI i PO\ BLOCK E 3.3' �_/ ! SEBASTIA x39.2' ' — �V - ^ • i OAKS CON r C el III I ,-, sPTitd�T zlo ). Isa.or SS TR M 0.40 P C 0.70 / QO ' � o y '� Uoto SCHOOL GROUNDS AC - `Izr)i l�. `�`14p Oq,O TRACT B i� ti ea "k /•D, m .. mj�t? I•�lj M y _G. � Ie3q.3' 54 ` 178421 50,; 3 2 ••6 5 4 piSo' 9S?- 'o MAIN STREET 1°9' SO / yS6O az9F 92.11 rI. 14 50 o( :�r� -a•/ -0 I 4 3 30'11'o =o� 21 ORQ 0-8 .15S a •O-� c- pp. GI 9 .I 2 rz V4 S 121314 0 P 3 �-,. - V-5 ct z Ir _ : l Fri CH. 125' - Wim 1 i 1 The First Presbyterian Church of Sebastian ' 6 Pastor, Dr. Donald E. Swope V V May 7, 1987 TO: SEBASTIAN CITY COUNCIL MEMBERS Mayor L. Gene Harris Vice Mayor Kenneth Roth Councilman Robert McCarthy Councilman George Metcalf Councilman Peter Vallone RE: ABANDONMENT OF "PAPER STREETS" (ARKANSAS, HUDSON, AND RING STREETS) IN "HUDSON ADDITION" PROPERTY PURSUANT TO BUILDING NEW PRESBYTERIAN CHURCH Gentlemen: On Thursday evening, April 2, 1987, the City of Sebastian Planning and Zoning Board approved our application for abandonment of the subject "paper streets". The matter has been before City Council as a first reading on May 6. It will be on the Council's agenda for action on,June 10, in a public hearing. The "paper streets" in question (Arkansas, Hudson, and Ring Streets) are shown on an enclosed plat of our property. The streets are marked by highlighter and are labeled. The property is 5.7 acres on Louisiana Avenue just north of the former Antique Shop. The "paper streets" in question have never been constructed nor used as streets,though they were drawn on paper in the early 1900's. Their abandonment is not in conflict with the future plans of the City (per our meetings with Mr. Hector Franco and Mayor Harris) and will not restrict access to any adjacent property. Other adjacent "paper streets" (Cross Street and Edwards Street) will not be abandoned and will preserve the necessary rights-of-way to Government Lot 2 and beyond. Your approval of the subject abandonment will allow us to proceed with the building plans for our new church on the property. We therefore respectfully request your approval of the Resolution to abandon when it comes before you. If you have questions regarding the matter, please contact me at the Church Office. I will be pleased to meet with you at the site. Sincerely, Post Office Box 1689 Donald E. Swope Sebastian, Florida 32958 Pastor (808)589-6856 r CK f,.,., 9 \� .4 7 q �+ 6 S BDI ,y ING GRANT SECTION 30 .r� .,�' .e3 3• _ 22 4 lb -* 90. 25 A, 6 'I BLOCK A GOV. LOT LOT 2 - - 2 9.34 I I '^�`a ' Au BLOCK BLOCK _. C I I BLOCK B AoV% ooOOo L= H __i L j on 4,"r ��ON A-DDITION�-- 6 ui BLOCK D;�'' BLOCK I . _ h E 439.2', t F /� N �l/Q —JL SEBA I 4�1 ' OAKS TR a 3z AQw�O SCHOOL GROUNDS At m TRACT B , w - .i.,, 'v.. / s34s' u ns 42 1 ISO �110 50 Ip o1. so' os1• 125" e MAIN S,rI?EET50 50 �r s—o 61 5 4 3 2 �N 6 \ 4 3 2 ue foN 9zl so ••'j�;T--,-- ". I z��1 ,�• v� ♦rt9SCi N14 3 2 II^ 12 13 14 �; >0 39 i vfL P t _` -° ��' IS 16 17 IB 19 20 21TR ' I oao o - i" p'.J , A•0. R•�SIry - SIBt•I W 7, rS ^,hdit.t7ib QIII4nILIi'i- ai 5 $^` tot C. .� LNG GRANT SECTION 30 j•s S SDI '�• -._r3 , res 3.22� t- _ _ —; bo fu� ,O \ 3 25% o. +" fa nt •I": los. a,•. �' I G,Q.P I . I,l • O c\ � . v ^I BLOCK A O GOV. LOT G O V. LOT 2 1 ,-•. _ , r. z 70 -- /9.34 �� (lel.. . • ' . A BLOCK B Y _ 'S 00 �� ooa°_° r H SON ADDITIO 6 u 7 ll ARK — .— — — x i N BLOCK D� � $_ ••3i:. -. «- ( �.n.ac..1 I BLOCK E 439.2' r . nse'�Sr,e�i L------\' m SEBA: r' r c e - ' OAKS e - •, •\ I53.7 . TR i LC r. r• Bu /nQ •' _ 59 SCHOOL A Q n, Q0 UNDS c •,:zu 1 / 7:iap •t � At TRACT B JJ 034 s'S a 0 II 1 TS a. b' 3 ? i :d w' O 9 8 7 65 4 "54 921 1� H,125 4 e MAIN S'�14E E T so 50 F' 50 50 ,29 <U .., o, 61 5 4 3 2 I y 6 4 3 2.. I F Nazi so j ----- -�' , Z\�1 TR /•�^ v, :ar[� Sc Olh• P i 5 z ,1„ ` °_' 4, 3 2 I I 12 13_y IS 16 17 8 19 20 21 �'�' .' _ i D (� x.,.. Q R(Q C ,t --•:,:'< ORD O.a -IS - (TO •-QL• �- 7�.P15 acs �.J 7 I B 4 . 1n ssee 9 _ _ _ yt + -fi F '�.� CIIR111ai —.-� 5 L. Gene Harris Mayor ^\ May 12, 1987 City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. Benjamin TELEPHONE (305) 589-5330 City Clerk District Manager F. P. & L. P.O. Box 460 Ft. Pierce, Florida 33454 Dear Sir, This letter is to inform you of the City's intent to abandon "Paper Streets" in the Hudson Addition to Sebastian Subdivision. Please see the enclosed proposed Ordinance No. 0-87-15. We would appreciate your comment pro or con relative to this matter. We have scheduled this matter for Public Hearing at the Regular Council Meeting to be held June 10, 1987 at 7:00 P.M. in Council Chambers, 1225 Main Street, Sebastian, Florida. Very truly yours, )7/L Kathryn Benjamin Its City Clerk KMB/daw L. Gene Harris Mayor May 12, 1987 City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. Benjamin TELEPHONE (305) 589-5330 City Clerk George Kulczycki General Development Corporation 2055 SE U.S. #1 Vero Beach, Florida 32962 Dear Sir, This letter is to inform you of the City's intent to abandon "Paper Streets" in the Hudson Addition to Sebastian Subdivision. Please see the enclosed proposed Ordinance No. 0-87-15. We would appreciate your comment pro or con relative to this matter. We have scheduled this matter for Public Hearing at the Regular Council Meeting to be held June 10, 1987 at 7:00 P.M. in Council Chambers, 1225 Main Street, Sebastian, Florida. Very truly yours, Kathryn M. Benjamin City Clerk KMB/daw L. Gene Harris Mayor May 12, 1987 City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Kathryn M. Benjamin TELEPHONE (305) 589-5330 City Clerk Buddy Betschart General Development Utilities 5240 Babcock Street NE Palm Bay, Florida 32901 Dear Sir, This letter is to inform you of the City's intent to abandon "Paper Streets" in the Hudson Addition to Sebastian Subdivision. Please see the enclosed proposed Ordinance No. 0-87-15. We would appreciate your comment pro or con relative to this matter. We have scheduled this matter for Public Hearing at the Regular Council Meeting to be held June 10, 1987 at 7:00 P.M. in Council Chambers, 1225 Main Street, Sebastian, Florida. Very truly yours, Kathryn M. Benjamin City Clerk KMB/daw L. Gene Harris Mayor May 12, 1987 City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Kathryn M. Benjamin TELEPHONE (305) 589-5330 City Clerk T.A. Granquist Southern Bell Telephone 3300 Okeechobee Road Ft. Pierce, F1 33450 Dear Sir, This letter is to inform you of the City's intent to abandon "Paper Streets" in the Hudson Addition to Sebastian Subdivision. Please see the enclosed proposed Ordinance No. 0-87-15. We would appreciate your comment pro or con relative to this matter. We have scheduled this matter for Public Hearing at the Regular Council Meeting to be held June 10, 1987 at 7:00 P.M. in Council Chambers, 1225 Main Street, Sebastian, Florida. Very truly yours, Kathry M. Benjamivl-�- City Clerk KMB/daw L. Gene Harris Mayor May 12, 1987 City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. Benjamin TELEPHONE (305) 589-5330 City Clerk Ken Vickers Jones Intercable Post Office Box 327 Sebastian, FL 32978-0327 Dear Sir, This letter is to inform you of the City's intent to abandon "Paper Streets" in the Hudson Addition to Sebastian Subdivision. Please see the enclosed proposed Ordinance No. 0-87-15. We would appreciate your comment pro or con relative to this matter. We have scheduled this matter for Public Hearing at the Regular Council Meeting to be held June 10, 1987 at 7:00 P.M. in Council Chambers, 1225 Main Street, Sebastian, Florida. Very truly yours, hr U Y� Kathryn M. Benjamin City Clerk KMB/daw City of Sebastian L. Gene Harris POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayor TELEPHONE (305) 589-5330 May 12, 1987 Legal Notices Vero Beach Press Journal P. 0. Box 1268 Vero Beach, Florida 329.60 Gentlemen: Kathryn M. Benjamin City Clerk We are enclosing Notice of Public Hearing on an Ordinance abandoning certain streets in Hudson Addition to Sebastian, which we request you publish in Legal Notices on the follow- ing dates: Friday, May 22 Friday, May 29, 1987 LR Enc. Very truly yours, <6;dzz4 TXe_� Elizabeth Reid Deputy City Clerk General Development Utilities. Inc.. (a 5240 BABCOCK STREET. NE (305) 723-2877 PALM BAY, FLORIDA 32905 May 18, 1987 City of Sebastian P.O. Box 780127 Sebastian, FL 32978-0127 Attn: City Clerk Dear Kathryn: This is to advise you that General Development Utilities, Inc. has no adverse comments regarding the vacating of Arkansas Avenue, Hudson Street and Ring Street, reference Ordinance #0-87-15. Sincerely, GENERAL DEVELOPMENT UTILITIES, INC. Port Malabar, Sebastian Highlands, Julington Creek i zivision Manager GG:pjl A General Development Subsidiary Mr. T.A. Granqulst District Manager—Engineering/Assignment May 19, 1987 City of Sebastian P. O. Box 780127 Sebastian, FL 32978-0127 Attn: Kathy Benjamin, City Clerk Southern Bell 3300 Okeechobee Road, Room 237 Fort Pierce, Florida 33450 305 464-8592 Re: Abandon Paper Streets, Hudson Addition to Sebastian Subdivision Dear Kathy: Southern Bell has no facilities in above mentioned project and therefore has no objection to the abandonment of "Paper Streets". If more information is required, please call W. G. Gallagher at 562-9045. Sincer y, f District E ineer WGG:nlm / A BEUSOUTH Company Villages of Sebastian Highlands 2055 S.E US 41 (305) 569-4300 VERO BEACH. FL32962 May 21, 1987 Kathryn M. Benjamin City Clerk City of Sebastian P. 0. Box 127 Sebastian, Florida 32958 Dear Ms. Benjamin: We are in receipt of your letter dated May 12, 1987 informing us of the City's intent to abandon "Paper Streets" in the Hudson Addition to Sebastian Subdivision. Please be advised that General Development Corporation does not have any objection to this request. Very truly yours, Georg iY. Kulczycki� Z Director of Community Operations GRK/sr A General Development Community A City Investing Company (am) Southern Bell T. A. Granquist District Manager - Engineering 3300 Okeechobee Road Room 237 Fort Pierce, FL 33450 FORM 3049 SPEC. (6-71) City of Sebastian P. O. Box 780127 Sebastian, FL 32978-0127 Attn: Kathy Benjamin, City Clerk I�r�l„� II,Ir�lrr,Il,�lrllr��„�Ilrrlrlir,rl„rlil VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of in the lished in said newspaper in the issues of Court, was pub - ;?'7 .179. �%y7 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed bef rem pthis '� day of A.D. s ti v ( s'ness Manager) � 1 (Clerk of the Circuit Court, I River County, Florida) (SEAL) CITY OF SEBASTIAN. INDIAN RIVER COUNTY, NOTICE OF PUBLIC HEARING A NGABOLISH- , AND IANCE ABANDONING ARKANSAS AVENUE. HUDSON STREET, AND RING STREET, ALL WITHIN THE HUDSON ADDITION TO SEBASTIAN. AND LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND NORTH OF MAIN STREET (NORTH - IN THE CITY OF.- SEBA � CITY AN, FLORIDA PROVIDING AN EFFECTIVE DATE. The Council of the City of Sebastian. Florida, will hold a Public Hearing concerning the adop- tion of an Ordinance with the. title as shown above at 7:00 P.M.. Wednesday. June 10, 1987. In the City Council Chambers. 1225 Main Street. ub IliieebHearing Florida. at at the this sebsequent the Council may enact this ordinance Into law. Inter- osed ordi- nance In the Officd parties e of the Clry Clt the erk at City Hall. and may appear at the hearing and be heard with respect to the proposed ordinance. Anyone who may wish to appeal any decision which may be made at this hearing will need to ensure that a verbatim record of the proceedings Is made which record Includes the testimony and CIITdence Y OF SEBon whichASTIAN tFLOhe pRIDAI will De basad. by: Kathryn M. Benjamin City Clerk May 22. 29.1987 CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING ARKANSAS AVENUE, HUDSON STREET, AND RING STREET, ALL WITHIN THE HUDSON ADDITION TO SEBASTIAN, AND LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND NORTH OF MAIN STREET (NORTHEAST OF CITY HALL) IN THE CITY OF SEBASTIAN, FLORIDA; PROVIDING AN EFFECTIVE DATE.. The Council of the City of Sebastian, Florida, will hold a Public Hearing concerning the 'adoption of an Ordinance with the title as shown above at 7:00 P.M., Wednesday, June 10, 1987, in the City Council Chambers, 1225 Main Street, Sebastian, Florida. At the conclusion of this Public Hearing or at a subsequent meeting, the -Council may enact this ordinance into law. Interested parties may inspect the proposed ordinance in the Office of the City Clerk at.City.Hall, and may appear at the hearing and be heard with respect to*the proposed ordinance. Anyone who may wish to appeal any decision which may be made at this hearing will need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal will be based, CITY OF SEBASTIAN, FLORIDA by: Kathryn M. Benjamin City Clerk Publish: Vero Beach Press Journal - May 22 and 29, 1987 RHONE CALL M. FOR DATE TIME M. M OF TELEPHONED RETURNED PHONE (� CJ YOUR CALL AREA CODE NUMB EXTENSION PLEASE CALL MESSAGE WILL CALL AGAIN CAME TO SEE YOU WANTS TO SEE YOU SIGNED TOPS 0 FORM 4003 q6 - City Clerk June 5, 198 7 City of Sebastian P.O. Box 127 Sebastian, F1., 32958 RE: Abandonment of Easement Jones Intercable, Inc. has no objections to the abandonment of easement (s) between Lot (s)"PAPER STREETS" in the IJUDSON ADDI ION and Lot (s) Block Unit Sebastian Highlands. Sincerely Ken Vickers General Manager fiie:ease:nents, City of Sebastian P f-.C3.-Bom"24gEftscAotIsrf,,1Brb$Pla 8 3rd 3870 REQUEST FOR FILING AGENDA ITEM, AGENDA DATE REQUESTED Com-- -`� 7 DATE SUBMITTED TO CITY CLERK'S OFFICE 7 DEPARTMENT AGENDA ITEM REQUESTED _Apd l/ 49 lzrl % 0 Ic �,�esdy fer, � X it vie 4-'0YA &by 46ja'.'50_1�ea:�- 49P BACK-UP MATERIAL (6) 3yol fir) DATE MATERIAL SUBMITTED TO CITY ATTORNEY'S OFFICE FOR PREPARATION OF ANY LEGAL DOCUMENT, ORDINANCE, RESOLUTION, ETC. SIGNATURE OF REQUESTING AGENCY (IF CITIZEN, NAME; ADDRESS, PHONE NUMBER) 505 BEACHLAND BLVD., SUITE 6 P.O. BOX 6116 `•� � •�' 11.1 Y � . 14 4 ',1111 ++}^��� •. +�. � .GI .= ,. 11;T OIX 4G, 305.231.3303 July 21, 1987 Thomas C. Palmer, Esquire City Hall P. 0. Box 780127 Sebastian, FL 32978-0127 Dear Mr. Palmer: VERO BEACH, FLORIDA 32961 On May 1, 1985, this office issued an Owners Title Insurance Policy in favor of Central Florida Presbytery Inc., to purchase some land in Sebastian. The land was purchased with the intent of eventually build- ing a church. Two or three weeks ago, I received a phone call from the Reverend Donald Swope of the Church, who informed me that he had been told that they would be unable to obtain site plan approval or a building per- mit because of the fact that there was an old plat that had been filed on their property; and the roads had never been vacated. I believe, but I'm not certain, that Reverend Swope spoke with you in connection with this. The church, of course, is now looking to us as their Title Insurance Agent to clear up the matter. Upon learning of the situation, we did some additional research and investigation at the courthouse, and learned that in March of 1980, a civil action had been filed whereby several people attempted to quiet title to certain real property and to have the roads vacated. The Final Judgment, which I have enclosed a copy herewith, stipulated that the City of Sebastian or Indian River County vacated its rights to the streets in this subdivision. I believe you will find the Final Judgment self-explanatory. I have also enclosed for your information, a copy of the Deed by which Central Florida Presbytery took title to their property. I have informed Reverend Swope that because of the existence of this Final Judgment, they should have no problem in obtaining a building permit for the construction of their Church as far as the existance of any streets are concerned; and I believe that they intend to file for a building permit in the near future. Thank you for your consideration, and should you have any questions, please do not hesitate to contact me. Sincerely, DONALD N. SCHNEIDER DNS/pap PRESIDENT cc: Honorable Mayor Gene Harris Dr. Donald E. Swope a m . t IN THE CIRCUIT COURT OF THE NINE- TEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR INDIAN RIVER COUNTY. Case No. 80-311. IRVING GELLER and : SEYMOUR GREENSPAN * Plaintiffs, VS. CITY OF -SEBASTIAN,. FLORIDA, a municipal corporation, et al.. : Defendants. FINAL JUDGMENT The above -entitled cause came on this day for final hearing after notice of final hearing upon the Complaint filed by the Plaintiffs and al I of the pleadings, papers and documents comprising the entire record of this case, and after due consideration, It is the opinion of this Court, and the Court finds: That the Court has jurisdiction of the real estate, the subject matter of this suit, which real estate Is described as follows: Beginning at the SW corner of Lot 1, Section 6, Township 31 South, Range 39 East, run North 1.1-1/2 chains more or less to the South line of the land of C. F. Fisher, thence run East 5-1/2 chains more or less to the right of way of the Florida East Coast Railway Company, thence run Southerly along the right of way aforesaid to the South I ine of Lot 1, thence run West along said South line of Lot 1, 13 chains more or less to the place of beginning, containing 10 acres more or less; being all of the land owned by said Serena Fisher In Lot 1 which lies West of the right of way aforesaid. Also known as "Hudson's Addition to Sebastian", dated March 8, 1897, recorded In Deed Book BB, page 745, public records of Brevard County, Florida; recorded in Plat Book 1, page 81, public records of St. Lucie County, Florida; recorded In Plat Book 1, pane 182, public records of Indian River County, Florida. That the Plaintiffs, IRVING GELLER and SEYMOUR GREENSPAN, together w I th, Defendants, MARION SEMBLER THOMAS, JOHN C. THOMAS and RITA A. THOMAS, his wife, and SAIMI SALMELA, comprise all of the record owners of the above-described property, their Individual interests and property descriptions being set out In Plaintiffs' Complaint. i7NX=141� : ; a t r The Court finds that Plaintiffs Instituted this suit for the purpose of extinguishing and removing any purported private or public right to the streets (except the extension of Louisiana Avenue designated as "walkway" on the plat) , together with lot and block references as shown or described on the map or plat of "Hudson's Addition to Sebastian" dated March 8, 1897. The Court further finds that the equities of this case are with the Plaintiffs and that Plaintiffs are entitled to a judgment quieting their title as prayed. It is, therefore, upon due consideration thereof, ORDERED and ADJUDGED: That any public right or interest that the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, or INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, may have In the streets (except as hereinafter provided) of "Hudson's Addition to Sebastian" is forever removed and extinguished, and said streets are forever vacated and abandoned. That any private right that MARION SEMBLER THOMAS, JOHN C. THOMAS and RITA A. THOMAS, his wife, SAIMI SALMELA, ROBERT H. ROLLINS and the STATE OF FLORIDA DEPARTMENT OF HEALTH E REHABILITATIVE SERVICES, their successors, heirs and assigns, may have are extinguished and they are permanently enjoined from claiming or attempting to claim any right in said streets as shown on the map or plat of "Hudson's Addition to Sebastian". That any and all references to lots and blocks as shown on the map or plat of "Hudson's Addition to Sebastian" are forever extinguished. That the relief granted herein shall not Include, and expressly excludes, that part of "Hudson's Addition to Sebastian" plat designated as "walkway" and also known as Louisiana Avenue or extension of Louisiana Avenue. DONE and ORDERED in Chambers at Vero Beach, Florida, this day of , 1980. Circuit Judge The undersigned attorneys.for all parties to this action not in default consent to entry of this Final Judgment. Jerome D. Quinn Daniel M. Kilbride, Jr. Thomas C. Houck -2- Carvin B. Brown IN THE CIRCUIT COURT OF THE NINE- TEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA. CIVIL ACTION NO. 80 311 IRVING GELLER and SEYMOUR GREENSPAN, Plaintiffs, Vs. CITY OF SEBASTIAN, FLORIDA, a municipal corporation, et al., Defendants. C O M P L A I N T Plaintiffs, IRVING GELLER and SEYMOUR GREENSPAN, sue Defendants, CITY OF SEBASTIAN, FLORIDA, a municipal corporation, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, MARION SEMBLER THOMAS, JOHN C. THOMAS and RITA A. THOMAS, his wife, SAIMI SALMELA, ROBERT ROLLINS, and STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and allege: 1. This is an action to quiet title to real property located in Indian River County, Florida. 2. Plaintiffs are the owners in fee simple as to an undivided one-half interest each, of the following described land in Indian River County, Florida: Beginning at the Southwest corner of Lot 1, Section 6, Township 31 South, Range 39 East, run North along the'West line of said Lot 1, 463 1/2 feet, thence east 522 feet, more or less, to the right of way of the Florida East Coast Railway, thence Southerly along said right of way 520 feet, more or less, to the South line of said Lot 1, thence West along said South line of Lot 1, 773 feet, more or less, to the point of beginning. EXCEPT the North 80 feet of the above described land owned by Marion Sembler Thomas. 3. That the above described land is part of a parcel of land that was conveyed by Serena Fisher to James A. Hudson by Warranty Deed dated February 13, 1896, recorded in Deed Book CC, page 28, public records of Brevard County, Florida, which prop - Smith, O'Helre, Thatcher & Quinn, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 (305) 567-4351 M r IN THE CIRCUIT COURT OF THE NINE- TEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA. CIVIL ACTION NO. 80 311 IRVING GELLER and SEYMOUR GREENSPAN, Plaintiffs, Vs. CITY OF SEBASTIAN, FLORIDA, a municipal corporation, et al., Defendants. C O M P L A I N T Plaintiffs, IRVING GELLER and SEYMOUR GREENSPAN, sue Defendants, CITY OF SEBASTIAN, FLORIDA, a municipal corporation, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, MARION SEMBLER THOMAS, JOHN C. THOMAS and RITA A. THOMAS, his wife, SAIMI SALMELA, ROBERT ROLLINS, and STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and allege: 1. This is an action to quiet title to real property located in Indian River County, Florida. 2. Plaintiffs are the owners in fee simple as to an undivided one-half interest each, of the following described land in Indian River County, Florida: Beginning at the Southwest corner of Lot 1, Section 6, Township 31 South, Range 39 East, run North along the'West line of said Lot 1, 463 1/2 feet, thence east 522 feet, more or less, to the right of way of the Florida East Coast Railway, thence Southerly along said right of way 520 feet, more or less, to the South line of said Lot 1, thence West along said South line of Lot 1, 773 feet, more or less, to the point of beginning. EXCEPT the North 80 feet of the above described land owned by Marion Sembler Thomas. 3. That the above described land is part of a parcel of land that was conveyed by Serena Fisher to James A. Hudson by Warranty Deed dated February 13, 1896, recorded in Deed Book CC, page 28, public records of Brevard County, Florida, which prop - Smith, O'Helre, Thatcher & Quinn, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 (305) 567-4351 M t erty is described as follows: Beginning at the SW corner of Lot 1, Section 6, Town- ship 31 South, Range 39 East, run North 11 1/2 chains more or less to the south line of the land of C. F. Fisher, thence run East 5 1/2 chains more or less to the right of way of the Florida East Coast Railway Company, thence run Southerly along the right of way aforesaid to the south line of Lot 1, thence run West along said south line of Lot 1, 13 chains more or less, to the place of beginning, contg. 10 acres more or less; being all of the land owned by said Serena Fisher in Lot 1 which lies West of the right of way aforesaid. 4. In 1897 James A. Hudson signed and place of record in Brevard County, Florida, a map entitled "Hudson's Addition to Sebastian", which wa-s recorded in Deed Book BB, page 745, public records of Brevard County, Florida, later recorded in Plat Book 1, page 81, public records of St. Lucie County, Florida, and later recorded+in Plat Book 1, page 182, public records of Indian River County, Florida. The map recorded by Hudson shows the property being subdivided into Blocks A, B, C, D and E; additionally, all of the Blocks,.except Block A, are divided into lots and streets, including a 15 foot strip designated as "Walk". A copy.of said map is attached. as "Exhibit All. 5.. Following recordation of the map of Hudson's Addition to Sebastian, James,A. Hudson and his successors in title conveyed the property within the area of Hudson's Addition to Sebastian :.without any reference to the map or plat; all of the subsequent conveyances werg metes and bounds descriptions referring only to the ori gi.nal government survey. 6.'. The Plaintiffs and the individual defendants named hereafter, together with the description of each property accord-$ in to the owner's deed, are all of the owners within the bound- aries of Hudson's Addition to Sebastian, and all deraign their title from the same source, to wit: James A. Hudson. (a) Defendant, MARION SEMBLER THOMAS, is the owner of the following described property: The north 80 feet of the following described land: Beginning at the Southwest corner of Lot No. 1, Section 6, Township 31 South, Range 39 East, running North along West line of said lot 463 1/2 feet, thence 2 _ Smith, O'Halrp, Thatcher & Quinn, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32560 (305) 567-4351 e ^ *T1G.1h - t . I •W H East 522 feet more or less to right of way of the Florida East Coast Railway Company, thence Southerly along said right of way 520 feet, more or less, to the South line of said Lot 1, thence West along said South line of Lot 1, 733 feet, more or less, to point of beginning. EXCEPT, HOWEVER, the part there- of owned by John C. Thomas and Rita A. Thomas, his wife-, AND a triangular parcel described as follows: Beginning at a point 463 1/2 feet North of the South- west corner of Lot 1 of Section 6, Township 31 South, Range 39 East, run East 522 feet, more or less, to West line of F.E.C. Railroad right of way, thence Northwesterly 95 feet, more or less, thence West by South 520 feet, more or less, to point of beginning. (b) Defendants, JOHN C. THOMAS and RITA A. THOMAS, his wife, are the owne.rs of the following described property: Parcel "A The West 200 feet of the North 80 feet of the following described parcel: Beginning at the Southwest corner of Government Lot 1, Section 6, Town- ship 31 South, Range 39 East, thence run North along the West line of said Lot 463 1/2 feet; thence East 522 feet, more or less, to right of way of the.Florida East Coast Railway Co.; thence Southerly along said right of way 520 feet, more or less, to the South line of said Government Lot 1; thence West along said South line of Government Lot 1, 733 feet, more or less, to the point of beginning. ' AND Proposed Access Easement described below: The South 16 feet of that certain parcel described in Deed Book 42, page 97, public records of Indian River County, Florida; less and except the West 200 feet of said parcel. (c) Defendant, SAIMI SALMELA, is the owner of the following described property: All that part of Lot 1 of Section 6, Township 31 South, Range 39 East, as follows: Beginning at a point 463 1/2 feet North of the Southwest corner of said Lot 1, run East 522 feet, more or less, to West line of F.E.C. Railroad right of way; thence North- westerly along said right of way 295 1/2 feet, more or less; thence West 330 feet, more or• less, to West line of said Lot 1; thence South along West line 259 1/2 feet, more or less, to point of beginning. Except land sold to T. B. Hicks, being a triangular piece beginning at Southwest corner of this tract, thence East 522 feet, more or less, to F.E.C. Rail- road right of way; thence Northwesterly 95 feet, more or less; thence West by South 520 feet, more or less, to point of beginning. 7. Defendant, ROBERT Ii. ROLLINS, is the owner and holder of a mortgage on the property owned by Plaintiffs under that cer- tain mortgage dated October 27, 1977 and recorded in Official Record Book 559, page 1454, public records of Indian River County, Florida. - 3 - Smith, O'Halre, Thatcher $ Quinn. Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 (305) 567-4351 8. Defendant, STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, may have or claim some interest in the property described in paragraph 3(c) above, owned by Saimi Salmela, by virtue of that certain Affidavit of Lien on Real Property dated February 7, 1969, and recorded in Official Record Book 317, page 155, public records of Indian River County, Florida. 9. Defendant, CITY OF SEBASTIAN, FLORIDA, a municipal corporation, may have or claim some right or interest in the streets, roads or rights of way within the boundaries of Hudson's Addition to Sebastian by virtue of the recording of the map or by virtue of the fact that a street, road or right of way has been maintained or improved by the City of Sebastian. ! 10. Defendant, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, may have or claim some right or interest in the streets, roads or rights of way within the boundaries of Hudson's Addition to Sebastian by virtue of the recording of the map or by virtue of the fact that a street, road or right of way has been maintained or improved by the County of Indian River. 11. The only street, road, right of way or public easement of any kind which actually exists on the ground within the land area included in Hudson's Addition to Sebastian is a roadway designated as "Walk" along side the line which divides the East line of Hudson's Addition to Sebastian and the West right of way line of the Florida East Coast Railway. The "Walk" is located on or near what is actually a paved two lane road. 1 12. That with the exception of the roadway described abov none of the other streets, rights of way or easements shown on the map of Hudson's Addition to Sebastian have ever been opened up, used or maintained in any way. 13. The offer to dedicate these roads, streets or rights of way to the public has never been accepted, either by the public in general or by Brevard County, St. Lucie County or Indian River County, or the City of Sebastian. - 4 - Smith, O'Halre, Thatcher 8 Quinn, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 (305) 567-4351 la. That none of the streets shown on the map of HuAson's Addition to Sebastian are in use by any part to this suit or a.ny other person whatsoever except for that portion of the property designated as "Walk" described above in paragraph 11, and which is also known as the extension of Louisiana Avenue and is excluded -from the relief requested herein by Plaintiffs. 15. That any private or public claim or right arising from the recording of the map, including the streets shown•on Hudson's Addition to Sebastian, casts a cloud on the title of Plaintiffs; that the interest claimed by the several Defendants constitutes clouds on the title of Plaintiffs, depreciates the value of the property, and prevents full enjoyment of the use of the property by Plaintiffs, and prevents sale of said property by Plaintiffs for the actual value of the property, and therefore, such clouds on the -title of Plaintiffs ought to be cancelled by decree of the Court. lb. Plaintiffs further show that all persons having or claiming an interest in said lands involved in this suit, so far as Plaintiff has been able to ascertain the same after diligent effort and search made for that purpose, are made parties hereto, and are herein designated as Defendants, which interest and claims Plaintiffs are unable to specify with more particularity than is herein stated, but Plaintiffs allege that any rights, title, inter- est or claims of said Defendants in the roads or streets of Hudson's Addition to Sebastian, except for the extension of Louisiana _Avenue, should be extinguished and Plaintiffs' title quieted. The premises considered, Plaintiffs pray: 1. That Defendants answer this Complaint and show cause, if they or any of them can, why Plaintiffs should not have the relief sought herein. 2. That upon final hearing in this cause, the Court find and decree that with the exception of the extension of Louisiana Avenue all roadways or streets located within the boundaries of - 5 - Smith, O'Halre, Thatcher & Quinn, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 (305) 5674351 t Hudson's Addition to Sebastian, together with the block and lot references, hereinabove described, be forever extinguished; that the Court further decree that any right, title, interest or claim of the Defendants with regard to the above described streets and roadways is removed and extinguished and that all Defendants be permanently enjoined from claiming or attempting to claim any right, title or interest in said streets or roadways. 3. That Plaintiffs be awarded such other and further and different relief as they may be entitled to under the pleadings and proofs. i Jer a D. Quinn th, 0' Hai re , Thatcher b Quinn 2205 14th Avenue, P. 0. Box 1030 Vero Beach, Florida 32960 Attorneys for Plaintiffs 0 Smith, O'Haire, Thatcher & Quinn, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 (305) 567-4351 L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clark August 31, 1987 Ms. Alpha Piland Office of the Governer OPB-Revenue & Economic Analysis The Capitol Tallahassee, Florida 32399-0001 Dear Ms. Piland: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 7801270 SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 cnr cle,k August 31, 1987 Mr. Sid Poe Manager -Treasure Coast Southern Bell 3300 Okeechobee Road Suite 223 Ft. Pierce, Florida 33450 Dear Mr. Poe: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam L. Gene Halla Mayor City of Sebastian POST OFFICE BOX 780127 O SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 city clerk August 31, 1987 Mr. Les Solin 1201 19th Place, Suite 101 Vero Beach, Florida 32960 Dear Mr. Solin: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam S. L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 Cay Clark August 31, 1987 Mrs. Anne Robinson Supervisor of Elections Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mrs. Robinson: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN. FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clerk August 31, 1987 Planning Department Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Sirs: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam i, City of Sebastian L. Gene Halls POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Mayo; TELEPHONE (305) 589-5330 August 31, 1987 Mr. David Nolte, Property Appraiser Indian River County 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Nolte: Kathryn M. O'Halloran City Clerk Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clem August 31, 1987 Board of County Commissioners Indian River County 1840 25th Street Vero Beach, Florida 32950 Dear Sirs: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. If you have any questions, please do not hesitate to contact me. Sincerely, Icathryn M. O'Halloran City Clerk KMB/sam L. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978-0127 Kathryn M. O'Halloran TELEPHONE (305) 589-5330 City Clark August 31, 1987 I+lr. George Firestone Secretary of State State of Florida The Capitol Tallahassee, FL 32301 Dear Mr. Firestone: Enclosed please find a copy of the recorded Annexation Ordinance No. 0-87-10, approved by the Sebastian City Council on August 12, 1987. Also No. 0-87-15 approved on June 10, 1987. if you have any questions, please do not hesitate to contact me. Sincerely, Kathryn M. O'Halloran City Clerk KMB/sam :�zreet vacation t 0 • S d Q �, 7-Aansas- Ave, Hudson St. and Ring Street. 519221 ' ORDINANCE NO. Oft AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING ARKANSAS AVENUE, HUDSON STREET, AND RING STREET, ALL WITHIN THE HUDSON ADDITION TO SEBASTIAN, AND LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND NORTH OF MAIN*STREET (NORTHEAST OF CITY HALL) IN -THE CITY OF SEBASTIAN, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of Blocks B. C, D. and E, HUDSON ADDITION According to the Plat filed in the Office of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 182, said land now lying and being in Indian River County, Florida, and in the City limits of the City of Sebastian, have petitioned the City Council to vacate three undeveloped public streets in'the said subdivision, and WHEREAS, the City Council finds and determines that the vacation of the three streets as requested conforms to the comprehensive plan for the area of said streets, and that the public health, safety, economy, comfort, order, convenience and welfare will be promoted by the vacation of the said three streets, and WHEREAS, the vacation of the proposed three streets will not result in depriving reasonable access to other lots owned by others nor deny access to any other property, if any, owned by the applicant, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH ITS CITY COUNCIL, AS FOLLOWS: SECTION I That the right-of-way known as ARKANSAS AVENUE located in the City of Sebastian between Blocks C and B on the North and Blocks D and E on the South, HUDSON ADDITION, and more specifically described as f013:0 ws : "Beginning at the northwest corner of Block D. HUDSON ADDITION. run 657.36 feet, more or less, to the West edge of the right-of- way of Louisiana Avenue; thence run northwest 50.00 feet, more or less, to the southeast corner of Block B. thence run West 626.06 feet, more or less, to the southwast corner of Block C; thence run South 50.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. SECTION II That the right-of-way known as HUDSON STREET, located in the City of Sebastian South of Blocks D and E. HUDSON ADDITION, and more specifically described as -follows: o 6%. "Beginning at the Southwest corner of Block D. HUDSON ADDITION, run East 754.4,9 -feet, more or less, to the Southeast corner of Block E and the west right-of-way of Louisiana Avenue; thence run generally southeast 20.00 feet, more or less; thence run West 753.00, more or less to a point approximately 20.00 feet South to the Southwest corner of Block D; thence run North 20.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. 0. R. 0776 PG 2613 SECTION III That the right-of-way known as RING STREET, located in the City of Sebastian East of Blocks C and D. HUDSON ADDITION, and West of Blocks B and E. and perpendicular to Arkansas•Avenue and Hudson Street, HUDSON ADDITION, and more specifically described as follows: "Beginning at the Northeast corner of Block C. HUDSON ADDITION, run South 383.50 feet, more or less, to the Southeast corner of Block D; thence run East 20.00 -feet, more or less, to the South- west corner of Block E; thence run North 383.50 feet, more or less, to the Northwest corner of -Block B; thence run West 20.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. SECTION IV A Certified Copy -of this ORDINANCE shall be filed in the Office of the Clerk of the Circuit'Court, Indian River County, Florida, and a Certified Copy shall be recorded in the Public Records of Indian River County, Florida. SECTION V This Ordinance shall be effective upon Final passage by the City Council of the City of Sebastian, Florida, and upon recording in the Public Records of Indian River County, Florida, within the Offices of the Clerk of the Circuit Court.' ATTEST: + �,,,� , Kath4n M. Bevamin City Clerk I HEREBY City CM?LA, til of CITY OF SEBASTIAN, FLORIDA by?PC-x � (L . "G?e Harris, Mayor CERTIFY THAT this Ordinance was duly passed by the the City of Sebastian, Florida, on the day of ,1987. Kathr n M. Ben amin City Clerk I HEREBY CERTIFY that Notice of Public Hearing for this Ordinance was duly published in the Vero Beach Press Journal, a newspaper of general circulation in the City of Sebastian, Florida, in accordance with Florida Statutes., and that a public hearing :.Jereon was Jheld in the City Council chainbers at 7:00 p.m. on the Y___L'day of 1987, and that following said public hearing this ordinance was passed and adopted by the City Council. 00 Kathr n M. Ben' min - � �•�� !"-=fit. City lerk �•,j':_;i, c ^:•'! 0. R. 0776 PG 2614 ,.� Arkansas Ave, Hudson St. and Ring Street. ORDINANCE NO. d ~ 9t) - IS AN ORDINANCE VACATING, ABOLISHING, AND ABANDONING ARKANSAS AVENUE, HUDSON STREET, AND RING STREET, ALL WITHIN THE HUDSON ADDITION TO SEBASTIAN, AND LYING WEST OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WAY AND NORTH OF MAIN STREET (NORTHEAST OF CITY HALL) IN THE CITY OF SEBASTIAN, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of Blocks B. C, D, and E, HUDSON ADDITION According to the Plat filed in the Office of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 182, said land now lying and being in Indian River County, Florida, and in the City limits of the City of Sebastian, have petitioned the City Council to vacate three undeveloped public streets in the said subdivision, and WHEREAS, the City Council finds and determines that the vacation of the three streets as requested conforms to the comprehensive plan for the area of said streets, and that the public health, safety, economy, comfort, order, convenience and welfare will be promoted by the vacation of the said three streets, and WHEREAS, the vacation of the proposed three streets will not result in depriving reasonable access to other lots owned by others nor deny access to any other property, if any, owned by the applicant, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH ITS CITY COUNCIL, AS FOLLOWS: SECTION I That the right-of-way known as ARKANSAS AVENUE located in the City of Sebastian between Blocks C and B on the North and Blocks D and E on the South, HUDSON ADDITION, and more specifically described as follo ws: "Beginning at the northwest corner of Block D. HUDSON ADDITION. run 657.36 feet, more or less, to the West edge of the right-of- way of Louisiana Avenue; thence run northwest 50.00 feet, more or less, to the southeast corner of Block B, thence run West 626.06 feet, more or less, to the southwast corner of Block C; thence run South 50.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. SECTION II That the right-of-way known as HUDSON STREET, located in the City of Sebastian South of Blocks D and E, HUDSON ADDITION, and more specifically described as follows: "Beginning at the Southwest corner of Block D, HUDSON ADDITION, run East 754.40 feet, more or less, to the Southeast corner of Block E and the west right-of-way of Louisiana Avenue; thence run generally southeast 20.00 feet, more or less; thence run West 753.00, more or less to a point approximately 20.00 feet South to the Southwest corner of Block D; thence run North 20.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. 1, • SECTION III That the right-of-way known as RING STREET, located in the City of Sebastian East of Blocks C and D. HUDSON ADDITION, and West of Blocks B and E. and perpendicular to Arkansas Avenue and Hudson Street, HUDSON ADDITION, and more specifically described as follows: "Beginning at the Northeast corner of Block C. HUDSON ADDITION, run South 383.50 feet, more or less, to the Southeast corner of Block D; thence run East 20.00 feet, more or less, to the South- west corner of Block E; thence run North 383.50 feet, more or less, to the Northwest corner of Block B; thence run West 20.00 feet, more or less, to the point of beginning." BE AND IS HEREBY VACATED, ABOLISHED AND ABANDONED. SECTION IV A Certified Copy of this ORDINANCE shall be filed in the Office of the Clerk of the Circuit Court, Indian River County, Florida, and a Certified Copy shall be recorded in the Public Records of Indian River County, Florida. SECTION V This Ordinance shall be effective upon Final passage by the City Council of the City of Sebastian, Florida, and upon recording in the Public Records of Indian River County, Florida, within the Offices of the Clerk of the Circuit Court.. ATTEST: a f .,.,air Kathr n M. Be 'amin City CLerk I HEREBY City Council of CITY OF SEBASTIAN, FLORIDA r by 7L:. "Glale Harris, Mayor CERTIFY THAT this Ordinance was duly passed by the the City of Sebastian, Florida, on the day of ,1987. Kath r n M. BeniVamin City Clerk I HEREBY CERTIFY that Notice of Public Hearing for this Ordinance was duly published in the Vero Beach Press Journal, a newspaper of general circulation in the City of Sebastian, Florida, in accordance with Florida Statutes, and that a public hearing hereon was held in the City Council chambers at 7:00 p.m. on the � day of J 1987, and that following said public hearing this ordinance was passed and adopted by the City Council. A- Kathr " n M. 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":# ;..' �•y, BOCK CAL t t 2db' 3i,w 'in,. ti}'r, J`'4''+V"",''1;i'�..�'ti� .: . ..'i. - - ' i„_,r • � �' � v - - M� ' C� is T. �i.t + '���� ,'kr y � ,r �•' - •, ., •'t � • ,• . �► """;-=, � ,ti fi'�=� s i •• + '� r .jj!f '",' •� .'�" � • • � , • � N ADDITI �...+.. � +�,,. 8' • ! ,p i }` O BLOCK NOW J� Z f�:.M f `F• "r + .` • ,. }• ' - • '� `+�+r'1 !r •— • •„ SEBASTIAN 1 ,•. bI OAKS CONDO. TR 43 CY +� ci 99-Z fled Z*ON 33(]HVH S\11 tIOIAN OA 1.0 J. 0 z 0 ?t Z \ O ool' k s Is 1) - S'.6 d r co y 0 too G. 3� 'ZI C. co co 00 ca in k. Op w qj L) ed A. 0 in A �q 382 �. 'A) X ii �}`•i' fi�9 Rip. 1. R+ �.� ro' �� Nc i oft left kl , 3 x� /31 Tr , „ t �y. 1 $ -" ` ✓ i ,,, V.\ MID 3 12 I r ✓ CK g _ itsrz,"BD I r 1 GEC t 8� ram`' " +cr2cyr,,o ), 4' 9 4 r. 9 s egg�sM C'"r� i �-= � � 19°5�1 ! tea a at I'Vo aArN �jk €, ryryryryryrytt00 �� •� , t. ��� �� �,, tle i .,r guO C K A 0 s At x Y , aDo , LOT r \ • ° . 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GO1 SEC. to — 31— 39 I PRLw • � � Ids rs" PALMS '� SKETCH OF SURVEY Beginning at the Southwest corner of Lot 1, Section 6, Township 31 South, Range 39 East, runt North along West line of said Lot 1, 463 ';i feet; thence ruff East 522 feet, rmre or iess, to right of way of Florida East Coast Railway; thence Southerly along said right of way 520 feet, more or less, to South line of said Lot 1; thence West along said South line of Lot 1, 773 feet, rmre or less, to point of beginning. EXCEPT the North 80 feet of the above described property, and LESS AND EXCEPT that part of the above described property conveyed to City of Sebastian, Florida, by Quit Clain Deed recorded in Official Record Book 619, page 2245, Public Records of Indian River County, Florida. 3-DENOTES CONC, MONUMENT IN PLACE O- IRON PIPE IN PLACE • - RR SPIKE 0 e0LIAlI>,4.QY 39 ro,00GRA�DH/c SUR vEY .fit 9V/-z7 crl /Q-28-8,c ^- Sft ow TOPO. & TREE &:,C. ZO?4 — B